Estate Law · Minnesota
Minnesota estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Minnesota residents.
- Minnesota intestacy gives the spouse the entire estate when descendants are mutualMinnesota intestacy: spouse takes entire estate with mutual descendants; with prior-relationship descendants, spouse takes $225,000 plus half of balance.
- Minnesota requires two witnesses for attested wills with harmless-error backupMinnesota will requires testator's signature and two competent witnesses. Harmless-error doctrine recognized for defective wills.
- Minnesota collection by affidavit handles personal property up to $75,000 without probateMinnesota collection by affidavit allows personal property collection up to $75,000 without probate. 30-day waiting period.
- Minnesota durable power of attorney is durable when expressly statedMinnesota POAs require express durability language to survive incapacity. Statutory short form POA available under § 523.23. Healthcare directive is separate.
- Minnesota imposes a state estate tax with $3 million exclusion and no portabilityMN imposes state estate tax on estates over $3 million with NO portability between spouses. Top rate 16%. Bypass trust planning essential above threshold.
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Minnesota attorney.