A will must meet various requirements set by Minnesota law in order to be valid. While the will does not have to be notarized, there are several key benefits to doing so anyway. Let’s explore what Minnesota estate law says about notarizing wills, and why you might want to consider taking this extra step to enjoy greater peace of mind.
Minnesota’s Requirements for Wills
Under Minnesota law, the requirements for a valid, enforceable will include:
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The testator making the will is at least 18 years old and of “sound mind,” which means that the testator knows what their estate contains, can identify the people to whom they wish to leave their estate, and understands the consequences of executing a will.
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The testator must put the will in writing.
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The testator must intend for the document to serve as their last will and testament.
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The testator must sign the will, or have another person sign it on their behalf at their direction and in their presence.
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At least two individuals must witness the will and also sign it.
However, Minnesota law does not require testators to have their wills notarized, although the law confers specific benefits for notarized wills. Notarizing a will can turn it into a “self-proved” will. A self-proved will contains notarized affidavits from the testator and witnesses made in the presence of a notary public or another person authorized by state law to administer oaths. Creating a self-proved will can avoid the need for witnesses to appear in court to testify to the will’s validity if a party files a will contest after the testator’s death to challenge the will’s admission to probate.
Risks of Not Notarizing a Will
Some of the potential risks that may arise from not notarizing a will include:
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Delays in the probate proceeding if the court cannot locate the witnesses to testify about the creation of the will
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Increased chances of success of a will contest to challenge the admission of the will to probate
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Increased administrative burdens for personal representatives
When Should You Consider Notarizing Your Will
You should consider having your will notarized in certain circumstances or if you anticipate certain circumstances arising during the probate process after your death, such as:
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Having witnesses who may predecease you or who may become difficult to locate to testify in a probate proceeding
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Having a complex estate that may involve litigation over other issues, such as asset valuations or creditor claims
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Desiring to minimize probate complications for the personal representative of your estate
However, even if you notarize your will, your personal representative or family may still face challenges enforcing it due to problems with the witnesses you select.
Other Considerations for Executing Wills
Other considerations you should keep in mind when executing a will in Minnesota concern:
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Holographic wills: Minnesota does not recognize the validity of holographic wills—that is, wills written entirely in the testator’s handwriting, which do not have witnesses.
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Electronic wills: Minnesota’s Electronic Wills Act allows testators to e-sign a will and permits testators to store a will in electronic format that enables parties to retrieve the will “in perceivable form” and verify “that the writing of the electronic will has not been altered after its signing.”
Contact an Estate Planning Attorney Today
Although Minnesota law does not require you to have your will notarized, obtaining notarization can make your will easier to enforce after your passing. Contact Jaspers, Moriarty & Wetherille, P.A. today for a confidential consultation with a Minnesota estate planning lawyer in Shakopee, Minnesota. We look forward to meeting you, addressing your concerns, and helping you draft a will that will secure your legacy for your heirs.