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 or not.
The good news? After reading this article, some of the estate planning folklore you’ve likely heard will (no pun intended) hopefully be answered.
What Happens If I Don’t Have a Will in Minnesota?
If you pass away without a will, Minnesota’s intestacy laws determine who receives your property. Intestacy is nothing more than a fancy way to say, “I died without a will.” In this instance, these default laws govern where your assets go upon your death - not according to your personal wishes - in Minnesota.
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:
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.
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 may not meet your intentions.
Initial Probate Mitigation: A will, by its very nature, does not avoid probate - but it begins the conversation of asset titling and limiting the risk of probate down the road.
Do I Still Need a Will If I Have a Trust?
Yes - I recommend that you do.
A trust is a powerful estate planning tool, but it does not 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 will may include, but is not limited to:
Your chosen beneficiaries
Guardian(s) for minor children
Personal representative(s) for administering the estate
How to distribute personal property
Instructions for real estate
It should also be signed with the proper formalities under Minnesota law to ensure it is valid.
Common Estate Planning Myths
“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! Family structure and whether you have a will or not answers this question.
“I can write something myself and it will hold up.”
This one also depends on the details! Homemade wills may not be enforceable because they may not meet Minnesota’s legal requirements. They are also typically prone to dispute.
Why Creating a Will Matters
A will isn’t about dwelling on the worst-case scenario. It’s about clarity, reducing stress, and providing a mechanism to honor your wishes. 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 an effective plan in place, I can help you create an estate plan that reflects your goals and protects your family. When you’re ready, please feel free to give me a call.
Sincerely,
-Nate Kennedy, JD, MBA
About the Author
Nate Kennedy is the founder of NK Law PLLC, and proudly serves clients in Rochester and throughout Minnesota.
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.