How many witnesses does a will need in Minnesota?

A will in Minnesota must be signed in front of two witnesses. The witnesses do not need to be present together when they sign, but each must witness the testator's signature or acknowledgment. See Minn. Stat. §524.2-501 et seq..

Does a will have to be notarized in Minnesota?

No. Notarization is not required for a Minnesota will to be valid, but adding a self-proving affidavit (which is notarized) lets the will be admitted to probate without calling the witnesses to testify.

Is a handwritten will valid in Minnesota?

No. Minnesota does not recognize holographic wills. Every will must be signed in front of witnesses to be valid.

What is the minimum age to make a will in Minnesota?

You must be at least 18 years old to make a will in Minnesota.

Can I sign my will online in Minnesota?

Yes. Minnesota has adopted electronic will legislation (2023), so a will may be signed and witnessed entirely online when the statutory requirements are met. Remote online notarization is also available.

What documents make up a complete estate plan in Minnesota?

A complete estate plan in Minnesota usually includes four documents: a Last Will and Testament, a Revocable Living Trust, a Durable Power of Attorney, and a Healthcare Directive. Will.com generates all four together based on your answers.

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Minnesota content last reviewed May 18, 2026.

Will

Trust

—

POA

HC Directive

E-will

Adopted

Since 2023

RON

Enacted

Effective 2019-01-01

ROW

Not allowed

Remote online witnessing

Community property

Minimum age

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses— = no formal requirements

Will

Minn. Stat. §524.2-501 et seq.

Witnesses: 2 required

Two witnesses must sign within reasonable time after witnessing testator's signing or acknowledgment

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

Minnesota does not recognize handwritten wills without witnesses

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

Statutory Short Form Power of Attorney

Minn. Stat. §§523.01-523.24

Last verified: 2014-01

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

•Acknowledged before a notary public. Minn. Stat. §§523.01, 523.23, subd. 3

•Not durable unless the instrument contains language showing the principal's intent that the authority survive incapacity or incompetence. Minn. Stat. §523.07

•Statutory short-form notices in §523.23 must be duplicated exactly and with no modifications to qualify for the statutory-short-form safe harbor. Minn. Stat. §523.23, subd. 3

•Gift authority is not conferred by the statutory short form's general grant; the principal must affirmatively mark the gifts line in the §523.24, subd. 8 power schedule for the attorney-in-fact to make gifts. Minn. Stat. §523.24, subd. 8

ViewStatutory warning notice

IMPORTANT NOTICE TO THE PRINCIPAL READ THIS NOTICE CAREFULLY. The power of attorney form that you will be signing is a legal document. It is governed by Minnesota Statutes, chapter 523. If there is anything about this form that you do not understand, you should seek legal advice. PURPOSE: The purpose of the power of attorney is for you, the principal, to give broad and sweeping powers to your attorney(s)-in-fact, who is the person you designate to handle your affairs. Any action taken by your attorney(s)-in-fact pursuant to the powers you designate in this power of attorney form binds you, your heirs and assigns, and the representative of your estate in the same manner as though you took the action yourself. POWERS GIVEN: You will be granting the attorney(s)-in-fact power to enter into transactions relating to any of your real or personal property, even without your consent or any advance notice to you. The powers granted to the attorney(s)-in-fact are broad and not supervised. THIS POWER OF ATTORNEY DOES NOT GRANT ANY POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU. TO GIVE SOMEONE THOSE POWERS, YOU MUST USE A HEALTH CARE DIRECTIVE THAT COMPLIES WITH MINNESOTA STATUTES, CHAPTER 145C. DUTIES OF YOUR ATTORNEY(S)-IN-FACT: Your attorney(s)-in-fact must keep complete records of all transactions entered into on your behalf. You may request that your attorney(s)-in-fact provide you or someone else that you designate a periodic accounting, which is a written statement that gives reasonable notice of all transactions entered into on your behalf. Your attorney(s)-in-fact must also render an accounting if the attorney-in-fact reimburses himself or herself for any expenditure they made on behalf of you. An attorney-in-fact is personally liable to any person, including you, who is injured by an action taken by an attorney-in-fact in bad faith under the power of attorney or by an attorney-in-fact's failure to account when the attorney-in-fact has a duty to account under this section. The attorney(s)-in-fact must act with your interests utmost in mind. TERMINATION: If you choose, your attorney(s)-in-fact may exercise these powers throughout your lifetime, both before and after you become incapacitated. However, a court can take away the powers of your attorney(s)-in-fact because of improper acts. You may also revoke this power of attorney if you wish. This power of attorney is automatically terminated if the power is granted to your spouse and proceedings are commenced for dissolution, legal separation, or annulment of your marriage. This power of attorney authorizes, but does not require, the attorney(s)-in-fact to act for you. You are not required to sign this power of attorney, but it will not take effect without your signature. You should not sign this power of attorney if you do not understand everything in it, and what your attorney(s)-in-fact will be able to do if you do sign it. Please place your initials on the following line indicating you have read this IMPORTANT NOTICE TO THE PRINCIPAL: .......

ViewAgent acknowledgment wording

IMPORTANT NOTICE TO THE ATTORNEY(S)-IN-FACT You have been nominated by the principal to act as an attorney-in-fact. You are under no duty to exercise the authority granted by the power of attorney. However, when you do exercise any power conferred by the power of attorney, you must: (1) act with the interests of the principal utmost in mind; (2) exercise the power in the same manner as an ordinarily prudent person of discretion and intelligence would exercise in the management of the person's own affairs; (3) render accountings as directed by the principal or whenever you reimburse yourself for expenditures made on behalf of the principal; (4) act in good faith for the best interest of the principal, using due care, competence, and diligence; (5) cease acting on behalf of the principal if you learn of any event that terminates this power of attorney or terminates your authority under this power of attorney, such as revocation by the principal of the power of attorney, the death of the principal, or the commencement of proceedings for dissolution, separation, or annulment of your marriage to the principal; (6) disclose your identity as an attorney-in-fact whenever you act for the principal by signing in substantially the following manner: Signature by a person as "attorney-in-fact for (name of the principal)" or "(name of the principal) by (name of the attorney-in-fact) the principal's attorney-in-fact"; (7) acknowledge you have read and understood this IMPORTANT NOTICE TO THE ATTORNEY(S)-IN-FACT by signing the power of attorney form. You are personally liable to any person, including the principal, who is injured by an action taken by you in bad faith under the power of attorney or by your failure to account when the duty to account has arisen. The meaning of the powers granted to you is contained in Minnesota Statutes, chapter 523. If there is anything about this document or your duties that you do not understand, you should seek legal advice.

Health Care Directive

Minn. Stat. §§145C.01-145C.16

Witnesses: 2 required, or notary

Minnesota accepts either 2 witnesses or notarization

Notarization: Accepted as alternative

Acknowledged before a notary public. Minn. Stat. §145C.03

Document sections

HIPAA authorization

State-specific notes

•Witnesses or notary cannot be the agent. Minn. Stat. §145C.03

•At least one witness must NOT be a health-care provider giving direct care to the principal, or an employee of such a provider, on the date of execution. Minn. Stat. §145C.03

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6 more documents with a subscription

$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

In this state: Cites Minn. Stat. §144.291 through §144.298, operating as a consolidated consent under Minnesota's per-disclosure consent regime.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

Free

Paid

All 4 state-specific documents

State-specific signing guide

Download as PDF, print forever

Secure online storage

Covers real estate, business, digital, and funeral wishes

Disposition of remains authorization

Standalone HIPAA authorization

Nomination of conservator

Business succession declaration

Real-estate retitling checklist

Special needs trust provisions

Letter of instruction, pre-filled and editable

Edit anytime

Annual review reminder

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Electronic will status

Minnesota has enacted electronic will legislation (2023), but the law is not yet operative.

The law takes effect on August 1, 2023. Until then, a traditional paper will with physical signatures is required.

Digital assets access

Minnesota has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Minnesota authorized RON in 2018. The law took effect on January 1, 2019.

Will

Allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Minnesota does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Minnesota for guidance specific to your situation.

Also for Minnesota

Make a Minnesota will

Free last will and testament, valid in Minnesota.

Minnesota healthcare directive

Name your medical decision-maker and treatment wishes.

Minnesota power of attorney

Name someone to handle finances if you can't.

Minnesota living trust

Skip probate and keep your estate private.

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