Minnesota Last Will and Testament

Minnesota Last Will and Testament

Minnesota Last Will and Testament

What is the Primary Purpose of a Minnesota Last Will and Testament?

The primary purpose of a Minnesota Last Will and Testament is to declare how the Will maker’s Minnesota probate property is to be distributed at the Will maker’s death.

How is Minnesota Probate Property Distributed in the Absence of a Minnesota Last Will and Testament?

In the absence of a Minnesota Last Will and Testament, Minnesota probate property is distributed in accordance with Minnesota’s laws of intestate succession.

Minnesota’s Laws of Intestate Succession

Sometimes, Minnesota’s laws of intestate succession would distribute Minnesota probate property in the manner in which the Will maker would have wanted it to be distributed – in the absence of a Minnesota Last Will and Testament.

However, Minnesota’s laws of intestate succession may not always distribute Minnesota probate property in the manner in which the Will maker would have wanted it to be distributed.

(i)      If There is a Surviving Spouse But No Surviving Children

In the absence of a Minnesota Last Will and Testament, if there is a surviving spouse but no children, the surviving spouse will receive all of the decedent’s Minnesota probate property pursuant to Minnesota’s laws of intestate succession – which is often the way in which most married couples would want their Minnesota probate property to be distributed anyway.

(ii)     If There is a Surviving Spouse And Surviving Children

If the Will maker is survived by both a spouse and children, the share of the surviving spouse under Minnesota’s laws of intestate succession would depend upon:

  • the size of the Will maker’s estate,
  • the date of the Will maker’s death, and
  • whether or not the Will maker’s children were also the children of the surviving spouse.

Minnesota Last Will and Testament – Non-probate Property

Minnesota non-probate property, such as joint tenancy accounts, life insurance, annuities, and retirement plans, will not be distributed pursuant to the terms of the Will maker’s Minnesota Last Will and Testament unless such assets are expressly made payable to the Will maker’s estate.

For example,

  • assets which have beneficiary designations are distributed to the beneficiary or beneficiaries who are designated in the asset contract to receive such assets, and
  • joint tenancy accounts are owned by the surviving joint tenant(s).

What is Minnesota Probate?

If a Minnesota Last Will and Testament was duly executed by a Will maker, Minnesota probate is the judicial or administrative process of establishing:

  • the validity of the Minnesota Last Will and Testament,
  • the identity of the persons who are entitled to receive the decedent’s property pursuant to the Minnesota Last Will and Testament, and
  • the identity of the Personal Representative of the estate.

In the absence of a duly executed Minnesota Last Will and Testament, Minnesota probate is the judicial or administrative process of obtaining legal determinations:

  • that the decedent died without a Will, and
  • identifying the heirs who are entitled to receive the decedent’s property pursuant to Minnesota’s laws of intestate succession, and
  • the identity of the Personal Representative of the estate.

Can a Minnesota Last Will and Testament Reduce Probate Costs?

A Minnesota Last Will and Testament can facilitate the Minnesota probate of the Will maker’s estate at a reduced cost, in part:

  • by requesting that the Minnesota probate proceed without court supervision, if possible, and
  • by waiving any fiduciary performance bond which may otherwise be required of the personal representative.

What is the Purpose of a Minnesota Probate Performance Bond?

A Minnesota probate performance bond is a form of insurance policy issued by a bonding company after receiving payment of a premium to secure the proper administration of an estate.

Can Anyone Obtain a Performance Bond?

A Personal Representative must have a good credit rating in order to obtain a Minnesota probate performance bond.

However, it is possible for a nominated Personal Representative to obtain a waiver of the Minnesota bonding requirements which might otherwise be necessary – either in the Minnesota Last Will and Testament or otherwise – in order to allow the nominated Personal Representative to serve as the Personal Representative of an estate without bond.

What is the Function of a Minnesota Probate Personal Representative?

 A Minnesota Personal Representative is the person who is responsible for working with the lawyer who will probate the estate, or with court personnel directly.

If more than one such person has responsibility for estate matters, such persons are referred to as co-personal representatives.

Can a Minnesota Last Will and Testament be Used to Nominate a Personal Representative or co-Personal Representatives?

Yes. A single Personal Representative, or multiple Co-representatives, can be nominated by the Will maker in a Minnesota Last Will and Testament, and such nominations are usually respected by the probate court.

Can a Minnesota Last Will and Testament be Used to Provide Trust Protection For Beneficiaries?

A common Minnesota Will drafting technique involves the creation of a Minnesota testamentary trust at the Will Maker’s death – which can be beneficial in certain situations – particularly if one or more of the Will beneficiaries are minors.

Minnesota Will – Specific Gifts no Longer Owned by the Will Maker

In general, a person entitled to receive a specific gift of property pursuant to a Minnesota Will has a right to receive:

  1. such specifically devised property upon the death of the Will maker, and
  2. any balance of the purchase price owing from a purchaser to the Will maker at death by reason of the sale of the property.

However, if specifically devised property is sold by a conservator or an agent acting within the  authority of a durable power of attorney for an incapacitated person, the specific devisee has the right to a general monetary gift equal to the net sale price only if the incapacity of the Will maker existed for less than one year before death.

Do-it-Yourself Minnesota Last Will and Testament

While fill in the blank Minnesota Last Will and Testament document forms can either be downloaded from the Internet, or otherwise obtained from many sources – the preparation of such documents is best left to licensed attorneys, who:

  • can not only fill in the blanks properly,
  • but also provide appropriate counsel regarding the legal effect, and perhaps the tax consequences, of the execution of the Minnesota Last Will and Testament document.

Minnesota Last Will and Testament – Conclusion

Please contact Minnesota Attorney Gary C. Dahle for assistance with the preparation, or probate, of any Minnesota Last Will and Testament.

Copyright 2018 – All Rights Reserved.

No claim to original government works.

Gary C. Dahle – Attorney at Law

2704 Mounds View Blvd., Mounds View, MN 55112

Phone:  763-780-8390     Fax: 763-780-1735

[email protected]

Minnesota Probate Law Topics

Minnesota Estate Planning

Minnesota Real Estate Law

North Dakota Probate, Mineral Rights, and Real Estate

In addition to Minnesota Probate Law, Attorney Gary C. Dahle also provides services with respect to North Dakota probate law.

Legal Disclaimer

Information provided herein is only for general informational and educational purposes. The laws relating to Minnesota Wills involve many complex legal issues. If you have a specific legal problem about which you are seeking advice, either consult with your own attorney, or retain an attorney of your choice.

Gary C. Dahle, Attorney at Law, is licensed to practice law only in the State of Minnesota, and in the State of North Dakota, in the United States of America. Therefore, only those persons interested in matters governed by the laws of the State of Minnesota or North Dakota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein.

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