Should You Get a Trust or a Will in Minnesota?
In Minnesota, a will-based plan pays probate attorney fees of typically 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; a funded revocable trust keeps those assets out of probate and off that fee.
In Minnesota, a will-based plan pays probate attorney fees of typically 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; a funded revocable trust keeps those assets out of probate and off that fee. The trust also distributes assets faster than the 4 months to 6 months probate timeline a simple estate takes.
Probate in Minnesota runs about $26,108Minn. Stat. § 525.515 (just and reasonable compensation; no statutory percentage; review under § 524.3-721)Verified Sep 8, 2026View source on a $500,000 estate in combined attorney, executor, and court fees. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Minnesota probate calculator.
No. A will must go through probate in Minnesota. A small estate may qualify for a simplified route: In Minnesota, estates valued at $75,000Minn. Stat. § 524.3-1201Verified Sep 8, 2026View source or less skip probate with the Affidavit for Collection of Personal PropertyMinn. Stat. § 524.3-1201Verified Sep 8, 2026View source, 30 daysMinn. Stat. § 524.3-1201Verified Sep 8, 2026View source after death. The Affidavit for Collection of Personal Property is presented directly to the bank, employer, or other holder of the property — it is not filed with a court.
Simple estates in Minnesota typically take 4 months to 6 months through probate; average estates 6 months to 9 months, and contested estates longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
Yes. A will becomes a public court record once it enters probate in Minnesota: the will, the inventory, the beneficiaries and the distributions. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.
Is this your situation?
Get a complete guide for your specific circumstances.
New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
Learn more
Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
Learn more
New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
Learn more
Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn moreForms 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.
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.
Pour-Over Will
In Minnesota, a pour-over will is signed before 2Minn. Stat. § 524.2-502Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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.
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.
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.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
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.
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.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
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.
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.
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.
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.
Do I Need a Revocable Trust?
Probate in Minnesota takes 4 months to 6 months for a simple estate and charges attorney fees of typically 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; assets held in a revocable trust skip both.
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.
When you're ready, we're here.
Minnesota Estate Planning Resources
In-depth guides covering Minnesota probate laws, trust requirements, and estate planning strategies.