Do I Really Need a Will in Minnesota? A Quick Guide for 2026
Most people know they should have an estate plan, but many Minnesotans still put it off — often because they’re not sure whether they actually need one. As an attorney serving in Rochester and Southeast Minnesota, I see the same questions come up again and again.
The good news? After reading this overview, some of the estate planning folklore you’ve heard will (no pun intended) hopefully be answered.
What Happens If You Don’t Have a Will in Minnesota?
If you pass away without a will, Minnesota’s intestacy laws decide who receives your property. Intestacy is a fancy way to say, “I died without a will.” Under the intestacy laws, there are default provisions that govern where your assets go upon your death — not your personal wishes.
Who Needs a Will in Minnesota?
While every adult (age 18 and older) benefits from having a will, it becomes especially important if you fall into any of these categories:
1. Parent of Minor Children
A will is a great way to name legal guardians for your children. Without naming legal guardians, a court may make the decision for you.
2. Anyone With Specific Wishes
If you want to leave certain items or specific property to individuals, charities, etc., a will is a great way to do it. Relying on the default laws of intestacy in the State of Minnesota may not meet your intentions.
Do You Still Need a Will If You Have a Trust?
Yes — in most cases, you do.
A trust is a powerful estate planning tool, but it doesn’t automatically cover:
Newly acquired assets not titled in the trust
Personal items
Backup instructions
Most Minnesotans with a trust have what is referred to as a “pour‑over will” to catch anything the trust doesn’t.
What Should a Minnesota Will Include?
A well‑crafted will typically includes, but is not limited to:
Your chosen beneficiaries
A guardian for minor children
A personal representative (executor)
How to distribute personal property
Instructions for real estate
Backup beneficiaries and representatives
It should also be signed with the proper formalities under Minnesota law to ensure it’s valid.
Common Myths About Wills
“I don’t have enough assets to need a will.”
Even small estates benefit from clarity. A will prevents confusion, conflict, and delays.
“My kids will automatically get everything.”
That depends on the details!
“I can write something myself and it will hold up.”
Homemade wills may not be enforceable because they may not meet Minnesota’s legal requirements. They may also be prone to family dispute.
Why Creating a Will Now Matters
A will isn’t about dwelling on the worst case scenario — it’s about making life easier for the people you love. It provides clarity, reduces stress, and ensures your wishes are honored.
Most importantly, it gives you a clear roadmap for the unexpected.
Ready to Create Your Will?
If you’re in Rochester or the surrounding area and want to put a simple, effective plan in place, Nate can help you create a will that reflects your goals and protects your family.
Schedule a free consultation today to get started.
About the Author
Nate Kennedy, JD, MBA is the founder of NK Law PLLC, serving Rochester and Southeast Minnesota with estate planning, probate, and business law services. He helps individuals and families create practical estate plans tailored to their unique goals.
NOTE: This blog post is for informational purposes only and does not constitute, nor is it intended to provide, legal advice. Reading this content does not create an attorney-client relationship. For advice specific to your situation, please call and book your consultation with Nate.