Are Beneficiary Designations Protected in Minnesota?

Minnesota automatically revokes an ex-spouse as beneficiary at divorceMinn. Stat. § 524.2-804Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

A beneficiary designation on life insurance, a retirement account, a payable-on-death bank account or a transfer-on-death brokerage account decides who receives that asset at death, in Minnesota as everywhere. The designation controls over the will or trust, and an outdated one stays in force whatever the other documents say.

Yes. Minnesota automatically revokes an ex-spouse as beneficiary on divorce for these asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuitiesMinn. Stat. § 524.2-804Verified Sep 15, 2026View source. An ERISA-governed employer plan (a 401(k), a pension) follows federal law instead and must be updated by hand whatever the state rule says.

Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009). Minnesota sets no spousal-consent requirement of its own for an individual account.

Minnesota gives inherited IRAs partial protection from creditorsMinn. Stat. § 550.37 subd. 24Verified Sep 15, 2026View source; the reach can depend on whether the IRA came from a spouse and whether the case is in state or federal court. After Clark v. Rameker (2014), federal bankruptcy law does not protect an inherited IRA on its own.

No. Minnesota does not default to per stirpes for beneficiary designations: when a named beneficiary dies before the account holder, the share lapses unless the designation says per stirpes or names a contingent beneficiary.

Forms for Planning Your Estate in Minnesota

Free forms for planning your estate in Minnesota: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

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Last Will and Testament

In Minnesota, a will is signed before 2Minn. Stat. § 524.2-502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyMinn. Stat. § 524.2-502Verified Oct 18, 2026View source.

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Healthcare Power of Attorney

Minnesota allows a choice for a healthcare power of attorney: 2Minn. Stat. § 145C.16Verified Oct 15, 2026View source witnesses or a notary.

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Financial Power of Attorney

Minnesota requires explicit durability language for a power of attorney to survive incapacityMinn. 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, and it is signed before a notaryMinn. 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.

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Transfer on Death Deed

In Minnesota, a transfer on death deed is signed before a notaryMinn. Stat. 507.071Verified Oct 18, 2026View source, then recorded with the county before the owner's deathMinn. Stat. 507.071Verified Oct 18, 2026View source.

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Vehicle Transfer on Death

Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.

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Living Will

In Minnesota, the living will is the Health Care DirectiveMinn. Stat. ch. 145C (Health Care Directives), §§ 145C.01-145C.18Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.

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Tools for Planning Your Estate in Minnesota

Free tools for planning your estate in Minnesota: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Minnesota runs $3,530Estimate: 10 hours at $353, Clio's Minnesota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,295Estimate: 15 hours at $353, Clio's Minnesota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,035Estimate: 3 hours at $345, Clio's Minnesota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,070Estimate: 6 hours at $345, Clio's Minnesota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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How Much Life Insurance Do I Need?

In Minnesota, four years at a public university cost about $96,456NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; the state levies an estate taxMinn. Stat. § 291.03, § 291.016Verified Sep 15, 2026View source above $3,000,000Minn. Stat. § 291.03, § 291.016Verified Sep 15, 2026View source.

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How Much Does Probate Cost?

Probate on a $500,000 estate in Minnesota costs an estimated $26,108Minn. Stat. § 525.515 (just and reasonable compensation; no statutory percentage; review under § 524.3-721)Verified Sep 8, 2026View source. Attorney fees run 1.9%Minn. Stat. § 525.515 (just and reasonable compensation; no statutory percentage; review under § 524.3-721)Verified Sep 8, 2026View source to 3.1%Minn. Stat. § 525.515 (just and reasonable compensation; no statutory percentage; review under § 524.3-721)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.

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Who Inherits Without a Will?

Without a will in Minnesota, a surviving spouse takes the entire estateMinn. Stat. § 524.2-102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesMinn. Stat. § 524.2-106Verified Sep 10, 2026View source.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Minnesota runs $3,530Estimate: 10 hours at $353, Clio's Minnesota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,295Estimate: 15 hours at $353, Clio's Minnesota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Minnesota runs $1,035Estimate: 3 hours at $345, Clio's Minnesota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,070Estimate: 6 hours at $345, Clio's Minnesota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $26,108Minn. Stat. § 525.515 (just and reasonable compensation; no statutory percentage; review under § 524.3-721)Verified Sep 8, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In Minnesota, a parent names a guardian for a minor child in a will or a separate signed writingMinn. Stat. §§ 524.5-202, 524.5-204; execution per § 145C.03Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Minn. Stat. § 645.451, subds. 1, 3Verified Sep 15, 2026View source.

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Minnesota Estate Planning Resources

In-depth guides covering Minnesota probate laws, trust requirements, and estate planning strategies.