Want to obtain peace of mind knowing that your loved ones are protected, no matter what happens? Creating your Will gives you control in making sure important matters aren’t left up to chance.
The overall process of creating Wills is similar from state to state, but there can be slight variations when it comes to specific requirements. This is because the laws that govern estate plans and Wills vary from state to state. If you plan to make an online Will in Minnesota, then you must take care to satisfy the requirements set forth by Minnesota statutes in order for your Will to be valid. This guide will provide an overview of what you need to know about making a Will online in Minnesota.
What You Need to Know About Making a Will Online in Minnesota
The process of creating a valid Will in Minnesota is determined by state statutes. The laws regarding the execution of a Will can be found in the Minnesota Statutes, Chapter 524 Uniform Probate Code §§ 524.2-501 - 524.2-517.
An online Will is recognized by Minnesota probate courts so long as the above-cited legal requirements are satisfied. Trust & Will breaks down these legal requirements over the next several sections by answering some frequently asked questions on the topic.
How Much Does a Will Cost in Minnesota?
On average, you can expect to spend roughly $200 to $600 on a Will in Minnesota. This cost varies widely depending on two factors: attorney fees and complexity of the estate.
For example, an individual with a particularly robust or complex estate plan with special provisions may hire one of the most experienced estate planning attorneys in the state. This person’s estate planning costs will likely be in the higher range. The cost may even rise to several thousand dollars if they want to establish a Trust.
However, most individuals have a relatively simple estate with straightforward objectives. Trust & Will’s online estate planning platform provides Minnesotans with an affordable alternative. You can create your state-specific online Will through our platform at a fraction of the cost.
Are Online Wills Legal in Minnesota?
Yes, both online Wills and eWills are legal in Minnesota.
In March 2023, the North Star State enacted the Uniform Electronic Wills Act, which took effect on August 1, 2023. This means that not only can Minnesota residents create their Wills online, they can witness, execute, and notarize their Wills electronically. Prior to this expansion of the statutes, a Will could be created online but still had to be printed on paper and signed and witnessed physically. Today, an eWill can remain in its digital format from end to end, never having to be reduced to paper.
With this exciting news in mind, here are the legal requirements for making an online Will:
You must be at least 18 years of age
You must be of sound mind
The Will must be in readable text
You must sign the Will in front of two witnesses
Your two witnesses must also sign the Will
The latest version of the applicable statutes now include definitions that make eWills legally valid. For instance, the Will can be written in the form of “information stored in an electronic, digital, or other similar medium.” Witnessing means observing and authenticating and can take place via an electronic device such as a video conferencing tool. Further, the definition of a signature was expanded to include signatures that are created and applied electronically or digitally. View all of the Minnesota statute revisions that enabled eWills here.
Can You Do Your Own Will in Minnesota?
Yes, you can create your own Will in Minnesota, as long as you are of legal age and sound mind. However, this should be done with great care. It is difficult to master the proper legal language required; any mistakes could result in final wishes that are unenforceable by law or could otherwise produce undesirable results.
If you don’t wish to work with an attorney, an alternative solution to consider is creating an online Will using a trustworthy platform. For example, Trust & Will’s estate planning platform offers state-specific estate plans so you can have peace of mind knowing that your Will is compliant in Minnesota and will obtain the desired goals of your legacy.
What are the Requirements for an Online Will to Be Valid in Minnesota?
The following outlines the legal requirements for a valid online Will in Minnesota:
The Will must be in writing.
The Testator (the person writing the Will) must be at least 18 years old and be of sound mind.
The Testator must sign the Will in front of two witnesses.
Your witnesses can be any generally competent adult. Choosing beneficiaries as your witnesses will not invalidate your Will. However, this is generally discouraged as it can create conflicts of interest.
After they see the Testator sign the Will, the witnesses must also sign the Will.
Do I Need a Lawyer to Make a Will in Minnesota?
No, you do not need a lawyer to make a Will in Minnesota. Generally speaking, North Star State laws do not require you to hire a lawyer to create or execute a valid Will. However, you may want to consult an estate planning professional for advice if you have a large estate or special conditions that you wish to meet.
Otherwise, making your Will online is a reliable and convenient option. This is especially so when your wishes are straightforward and your estate is relatively simple. An online estate planning platform will guide you through the process of creating and executing a Will that is compliant in your state.
How Do I Sign an Online Will in Minnesota?
Here are the steps to follow for signing and finalizing your Will in Minnesota:
Finalize the contents of your Will
Sign your Will in front of two witnesses (can be an electronic signature)
Have your two witnesses sign the Will in front of you
Optional: have your Will notarized if you wish for it to be self-proving
Here are some special considerations to note:
Minnesota does not allow you to disinherit your spouse. Further, the state has spousal share clauses and allowances.
In contrast, you can disinherit adult children in Minnesota. However, you cannot achieve this by simply omitting them from your Will. You must specifically exclude them in the language of the Will.
While you may sign and execute your Will at a single point in time, the above considerations highlight special circumstances one may encounter at any time. Luckily, maintaining an online Will through a platform like Trust & Will can make revising and updating your existing Will a more seamless experience.
Does a Will Need to be Notarized in Minnesota?
No, a Will does not need to be notarized in Minnesota. However, it is an optional action step that you can take if you wish for your Will to be self-proving.
Now that Minnesota has enabled the recognition of eWills, getting your Will notarized is even easier. For instance, Trust & Will has partnered with Notarize, a trusted online notary service to allow for the seamless notarization of eWills online.
During the notarization (online or physical), you and your witnesses will confirm your identities and make sworn statements. An affidavit is signed, notarized, and attached to the Will. This process proves that the notary knows who you are and confirms that each person was aware that they were signing the Will.
If the Will is already self-proved, then the probate court won’t have to call upon the witnesses to testify regarding the Will’s validity. This can help minimize potential issues and allow the probate process to proceed more quickly.
Who Can Witness a Will in Minnesota?
Any competent adult can witness a Will in Minnesota. However, a Testator should be careful not to select a beneficiary (an interested party) as a witness. While Minnesota statutes do not automatically invalidate a Will if a beneficiary is a witness, this could be cause for conflicts of interest. It is generally advised to select a disinterested party to witness your Will to avoid any challenges.
How to Create Minnesota Last Will and Testament Online
Minnesota now recognizes eWills, making the online Will creation process even more seamless. Once you create your Will, you no longer have to print it out. This will provide a much more convenient and affordable alternative to estate planning the traditional way.
With this in mind, here is an overview of the steps of creating an online Will in Minnesota:
Select a trusted online estate planning platform, service, or template.
Draft your Will
Review and finalize your Will
Sign the Will (electronically allowed)
Obtain signatures from two competent witnesses (digital allowed)
Optional: get your Will notarized if you want it to be self-proving (electronic/remote allowed)
Store your Will in a secure storage space online, such as a digital vault
Review and revise your Will regularly
What Can I Include in an Online Will in Minnesota?
Here are some ideas on what can be included in your online Will:
An inventory of your property and assets
A list of your Beneficiaries
Gifts made to specific individuals or organizations
Your nominated Executor who should handle your estate
A Guardian for any minor or dependent children (or pets)
A named individual to manage property for dependent children
Last wishes regarding your remains, funeral, burial, cremation, etc.
Any final instructions or notes for loved ones
The contents of a Last Will and Testament vary widely based on an individual’s personal circumstances, as well as the objectives they wish to achieve. Must estate planning platforms such as Trust & Will will guide you through a series of questions and prompts to help create a Will customized to your unique needs.
Create Your Online Will in Minnesota Today
Can you create an online Will in Minnesota? Not only is the answer “yes,” starting August 2023, you can now create a fully digital Will, otherwise known as an eWill.
Previously, you could create an online Minnesotan Will, but you had to print it out. The state recently expanded its statutes such that eWills are recognized. This means you no longer have to print out your Will. To make this possible, you will use electronic or digital means to create, sign, witness, and (optional) notarize your Will.
However, one thing remains unchanged. The key to successfully creating an online Will in Minnesota is making sure that you satisfy Minnesota-specific requirements. Creating your Will online, no matter your location, is a convenient and affordable alternative to working with an estate planning attorney. This guide provided an overview of the online Will requirements in the North Star State that you should be aware of.
At Trust & Will, we’re here to help keep things simple. You can create a fully customizable, state-specific estate plan from the comfort of your own home in just 20 minutes. Take our free quiz to see where you should get started, or compare our different estate planning and settlement options today!
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Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.
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