If a Will Was Not Properly Signed — What Happens in Minnesota?

Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about a specific case, consult a licensed Minnesota probate attorney.

Detailed answer — how Minnesota treats an improperly signed will

Minnesota generally requires a will to meet formal execution rules to be admitted to probate. That usually means the will must be in writing and must be signed by the testator (or by another person in the testator’s presence and at the testator’s direction) and signed by at least two witnesses in the testator’s presence. See Minnesota’s probate statutes for the formal execution rules: Minn. Stat. § 524.2-502 and related provisions in Chapter 524: Minn. Stat. Ch. 524.

When a will is not properly signed, the probate court may decide not to admit it as the decedent’s valid will. What happens next depends on several facts:

• Burden of proof: The person asking the court to admit the will (the proponent) must prove the will’s validity. If the probate court finds the formal-signature requirements are not met and the proponent cannot prove otherwise, the court may reject the will.
• If the will is rejected: Assets that must pass through probate will be distributed according to Minnesota’s intestacy rules (that is, as if the decedent died without a valid will). Intestate distribution rules are in Minnesota’s probate statutes (Chapter 524). Nonprobate transfers — for example, jointly owned property with right of survivorship, payable-on-death accounts, life insurance or retirement benefits with named beneficiaries, and assets held in a valid living trust — are generally unaffected by a will challenge and typically pass outside probate directly to the named recipients.
• Who controls the estate if the will fails? If no valid will is admitted, the court appoints an administrator (sometimes called a personal representative) under Minnesota probate procedures to gather assets, pay debts and distribute property under the intestacy statutes.
• Possible remedies or alternatives:
  • Courts in many states sometimes accept extrinsic evidence of the decedent’s intent and may validate a defective will under doctrines like “harmless error” or “substantial compliance” if the evidence is strong. Whether Minnesota courts will apply those doctrines in a particular case depends on statute and case law and on the facts proving the decedent’s intent.
  • If the decedent created other testamentary documents (an earlier will, a trust, signed beneficiary designations, or a written memorandum), those documents may control instead of the invalid will.
  • Parties sometimes reach settlements among likely heirs to avoid litigation or to redistribute assets consistent with what the decedent likely intended.

Because these outcomes turn on evidence and on statutory and case-law details, a probate attorney can help evaluate whether a court might validate an imperfectly executed instrument or whether intestacy will apply.

What evidence helps if a will’s signature is challenged?

Evidence that can support admission of an improperly signed will includes:

• Affidavits from witnesses who saw the testator sign or who can describe the testator’s intent.
• The testator’s contemporaneous notes, drafts, emails or statements that show intent to create that will.
• Consistent estate-planning steps (e.g., making beneficiary designations that match the will’s distribution) that show the decedent’s intent.
• Copies of prior valid wills and testimony showing that the decedent intended the defective document to serve as the final will.

Practical consequences and common outcomes

• If the court refuses to admit the will, the estate will proceed under intestacy for probate assets: typically spouse and children receive priority under Minnesota law, but exact shares depend on surviving relatives and the size of the estate.
• Creditors may assert claims during probate regardless of whether a will is admitted; rejecting a will does not eliminate creditor liability.
• If important assets pass outside probate (trusts, beneficiary designations), those assets often go to the named beneficiaries even if the will is invalid.
• Losing a will’s admission can produce disputes and extra legal costs; many families negotiate settlements to avoid long litigation.

Helpful hints — steps to take right away

• Do not distribute estate property. If you are an heir or a nominated executor, stop any distributions until the court rules or until you have legal advice.
• Find all documents: locate the original will (if one exists), earlier wills, trusts, beneficiary forms, deeds, account statements and correspondence showing the decedent’s intent.
• Contact and preserve witness testimony. Get contact information for anyone who saw the decedent sign or who discussed estate plans with the decedent.
• Check for nonprobate transfers: review life-insurance policies, retirement accounts, joint tenancy deeds and payable-on-death designations. These typically pass outside probate and are not controlled by the will.
• Speak with a Minnesota probate attorney promptly. Time limits and procedural rules affect how evidence is presented and how quickly the court will act.
• Consider alternative dispute resolution. Mediation can resolve family disagreements faster and cheaper than a contested probate trial.

For the primary statutory text on how wills must be executed in Minnesota, see: Minn. Stat. § 524.2-502. For the general probate code, see Minn. Stat. Ch. 524.

Again, this information is educational only. Consult a Minnesota probate attorney to assess how these rules apply to a specific situation.