Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.
Detailed Answer
Under Minnesota law, a valid will typically requires two witnesses, but an unwitnessed or handwritten (holographic) will can still be admitted to probate if it meets certain statutory criteria.
1. Identify a Holographic Will
Minnesota Statutes § 524.2-503 allows a will written entirely in the decedent’s handwriting and signed by the decedent to be admitted without witnesses. You must prove that all material provisions are in the testator’s handwriting and that the signature is genuine.
2. File an Informal Probate Petition
Begin by filing a Petition for Informal Probate of Will and Appointment of Personal Representative with the probate division of the district court in the county where the decedent resided. See Minn. Stat. § 524.3-101. Attach:
- The original will
- A certified copy of the decedent’s death certificate
- A list of heirs and beneficiaries with addresses
3. Prove Due Execution
If the will lacks witnesses, the court may schedule a hearing under Minn. Stat. § 524.2-504 to receive testimony or other evidence that the handwriting and signature are valid. Typically, two disinterested witnesses familiar with the decedent’s handwriting testify.
4. Obtain Letters Testamentary
Once the court admits the will and confirms due execution, it issues Letters Testamentary to the personal representative. These letters authorize the rep to collect assets, pay debts, and distribute property per the will.
5. Consider Formal Probate if Needed
If you cannot meet the informal proof requirements, you may need a formal probate proceeding under Minnesota Statutes Chapter 524. Formal probate involves court-supervised hearings and notices to heirs, but it achieves the same goal of admitting the will and appointing a personal representative.
Helpful Hints
- Check if the will is entirely in the decedent’s handwriting and signed by them.
- Identify two disinterested witnesses who can testify to the handwriting’s authenticity.
- Gather all original documents—including codicils and handwritten notes—before filing.
- Visit your county probate court’s website for local forms and fee schedules.
- If evidence is weak, prepare to start a formal probate proceeding to ensure court oversight.