Wills and probate in Minnesota

Will execution and probate

The ordinary will route requires two witnesses to sign within a reasonable time after witnessing the signing or acknowledgment, subject to specified exceptions.

A will generally must be declared valid through probate to prove a property transfer, nominate an executor or exercise a power of appointment, subject to the stated exception.

Intestacy and exclusion

The intestate estate is property not allocated to a spouse or descendants under the statutory sections and not disposed of by the will document. It passes to heirs under the chapter, subject to any modification the will provides.

A will may exclude or limit an individual or class from intestate succession. The affected share passes as if that person or class had disclaimed it.

Transfer on death deeds

Revocation of a recorded deed cannot happen through a later will document alone.

Until the deed becomes effective, it has no effect on title to the real property described, but it creates an insurable interest in favor of the designated grantee beneficiary.

The deed is valid if it is recorded in a county where at least part of the described real property is located, and recorded before the grantor owner's death.

If the last surviving joint tenant owner did not execute the deed, the deed is ineffective to transfer any interest and is void.

A grantee beneficiary's interest under a deed not yet effective is not subject to alienation, assignment, encumbrance, appointment or anticipation by the beneficiary, garnishment or attachment.