What the rule says
Minnesota provides two pathways to a valid will under the UPC framework:
Attested wills (Minn. Stat. § 524.2-502)
A valid Minnesota attested will requires:
1. A writing. 2. The testator's signature. 3. Two witnesses. Two witnesses must sign the will within a reasonable time after each witnessed either the testator's signing or the testator's acknowledgment.
Minnesota also recognizes notarized wills under § 524.2-502 — a will signed by the testator and acknowledged before a notary is valid as an alternative to the witness requirement.
Harmless-error doctrine (Minn. Stat. § 524.2-503)
Minnesota has adopted the harmless-error rule. Defective documents can be probated with clear and convincing evidence of testamentary intent.
Holographic wills
Minnesota does not have a separate holographic will statute. Handwritten unwitnessed wills are not recognized as a separate will type, but the harmless-error rule may allow such documents to be probated.
What you can do about it
For a Minnesota will execution:
- Have the testator and two witnesses present OR notarize. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses.
Who this affects most
Minnesota's flexible UPC framework reduces execution risk. The notarized-will alternative provides additional flexibility.