Is An Online Will Legally Valid in Minnesota?
Yes, online wills are legally valid in Minnesota. There are things you will need to do to make a will legally beyond creation of the document for it to be legally valid. Learn more below.
Not to worry, FeedingBird guides you every step of the way.
What Makes an Online Will Legally Valid in Minnesota?
Under Minnesota Statute 524.2-502, a valid will must be in writing, signed by the testator and two witnesses who sign within a reasonable time after witnessing the testator's signature or acknowledgment. You are not required to notarize the will, but Minnesota allows a notarized self-proving affidavit to prevent your witnesses from having to testify in court to validate the will.
Minnesota does not recognize holographic wills, though the state will honor an out-of-state holographic will if it was validly made under the laws of the state where it was signed.
What You Need to Know about Online Wills in Minnesota
Estate laws vary by state and are known to be very complex to navigate. Your online will needs to be structured correctly to avoid a lengthy court process.
Minnesota Property Laws
Minnesota is not a community property state. All property owned solely in your name is distributed according to your will, or, if you have none, the state's intestate succession rules will be followed, regardless of when any assets were acquired during the marriage. A surviving spouse also has a separate right to claim an elective share of the estate if they are left out of a will or given very little, also known as an elective share.
Minnesota Probate
Most estates in Minnesota go through probate court, though Minnesota's Uniform Probate Code allows for informal probate, handled without a hearing, for most uncontested estates. Smaller estates worth $75,000 or less in personal property may qualify for an Affidavit for Collection of Personal Property instead.
Avoiding Probate in Minnesota
Probate court involves time and court costs, making people sometimes want to avoid it altogether. Here are some situations where that applies.
- Opt for a evocable living trust, which lets you retain control over your estate, naming a successor trustee to manage distribution after your death.
- Put beneficiaries on financial and retirement accounts using a payable-on-death (POD) designation or a transfer-on-death (TOD) designation.
- Consider a transfer-on-death deed for real estate, which anames a new owner for that property upon your death.
- Hold property as joint tenants with right of survivorship, which passes automatically to the surviving owner outside of probate.
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