Estate Planning in Minnesota

Like all states, Minnesota recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2Minn. Stat. § 524.2-502Verified Sep 16, 2026View source adult witnesses, and adding a notarized self-proving affidavit can streamline the probate process later.

A Minnesota healthcare power of attorney is signed before either 2Minn. Stat. § 145C.16Verified Jul 15, 2026View source witnesses or a notary publicMinn. Stat. § 145C.16Verified Jul 15, 2026View source. Witnesses must be at least 18 yearsMinn. Stat. § 145C.16Verified Jul 15, 2026View source old and cannot be the named agent. The agent must be at least 18 yearsMinn. Stat. § 145C.16Verified Jul 15, 2026View source old, and Minnesota bars the principal’s healthcare providers and employees of the treating facility from serving.

A Minnesota financial power of attorney must be notarizedMinn. Stat. §§ 523.01, 523.02, 523.05, 523.07, 523.075, 523.08, 523.17, 523.18, 523.20, 523.23, 523.231, 523.24Verified Sep 18, 2026View source; witnesses are not required. It is not durable unless it says soMinn. Stat. §§ 523.01, 523.02, 523.05, 523.07, 523.075, 523.08, 523.17, 523.18, 523.20, 523.23, 523.231, 523.24Verified Sep 18, 2026View source, in words such as “This power of attorney shall not be affected by incapacity or incompetence of the principal”; without that language it ends when the principal becomes incapacitated. A springing power of attorney, one that takes effect only when the principal becomes incapacitated, is permittedMinn. Stat. §§ 523.01, 523.02, 523.05, 523.07, 523.075, 523.08, 523.17, 523.18, 523.20, 523.23, 523.231, 523.24Verified Sep 18, 2026View source. The agent signs an acceptance of the appointment.

Minnesota imposes its own estate tax on estates exceeding $3,000,000Minn. Stat. § 291.03, § 291.016Verified Sep 15, 2026View source, with a top rate of 16%Minn. Stat. § 291.03, § 291.016Verified Sep 15, 2026View source. This is separate from the federal estate tax and applies at a much lower threshold—the federal exemption is $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source. Families with estates near this threshold often use trusts and lifetime gifting to reduce exposure.

Minnesota does not require a revocable living trust to be notarizedMinn. Stat. § 501C.0101 et seq.Verified Jul 15, 2026View source. Minnesota allows transfer-on-death deeds for real estate, enabling property to pass directly to named beneficiaries without probate. This is a significant probate avoidance tool that doesn't require creating a trust. Transferring a home into a revocable trust does not forfeit Minnesota's homestead exemption—the protection carries through to trust-held property. Transferring property into a revocable trust does not trigger a property tax reassessment in Minnesota, so property taxes remain at their current level.

Minnesota automatically revokes an ex-spouse as beneficiary on life insurance, retirement accounts, and similar designations upon divorce. However, these automatic revocations can be overridden by a divorce decree or by re-designating the ex-spouse after the divorce.

Minnesota fully authorizes remote online notarization (RON) for estate planning documents, including wills, trusts, healthcare directives, powers of attorney. RON covers the notarization step; whether the whole signing can happen remotely also depends on whether the document's witnesses may attend by video.