Why Everyone Needs a Will in Minnesota

Written By Lauren Pevehouse

Estate planning isn’t only for the wealthy, retired, or those with complicated assets. In Minnesota, every adult—no matter their age, income, or family structure—benefits from having a will. A will gives you control, protects the people you love, and prevents unnecessary stress, confusion, and court involvement after you’re gone.

If you’ve been putting it off, here’s why creating a will should be at the top of your to-do list.

1. A Will Puts You in Control of Your Legacy

Without a will, Minnesota law decides who receives your property under Minnesota’s intestacy statutes (Minn. Stat. § 524.2-101 et seq.). This means:

  • You don’t get to choose your beneficiaries

  • You have no say in what specific assets go to whom

  • Your estate could end up in the hands of relatives you barely know

  • Unintended people may inherit, while intended ones may not

A will ensures your wishes—not state law—determine what happens with your assets.

2. You Can Choose a Guardian for Your Children

For parents, this is the number one reason to have a will.

If something happens to you, and you haven’t named a guardian, a judge will decide who raises your children. Even if the court ultimately picks the person you would have chosen, the process can be lengthy, expensive, and emotionally hard for everyone involved.

A will lets you:

  • Nominate a preferred guardian

  • Specify backups

  • Provide instructions for care

  • Minimize the risk of family conflict

This is one of the most meaningful steps you can take for your children’s future security.

3. A Will Simplifies the Probate Process

Minnesota requires most estates to go through probate—the legal process for distributing a person’s assets. A clear, well-drafted will:

  • Speeds up the process

  • Reduces the costs

  • Helps your personal representative (executor) do their job smoothly

  • Minimizes disputes among family members

Even if probate is still required, a good will makes everything significantly easier.

4. You Decide Who Will Manage Your Estate

If you don’t have a will, Minnesota courts appoint someone to handle your estate. This might not be the person you would have chosen.

A will allows you to:

  • Select a trusted personal representative

  • Provide guidance or limitations on their authority

  • Ensure a responsible and organized person handles your affairs

This reduces the risk of conflict and mismanagement during an already difficult time.

5. You Can Protect Non-Traditional Situations

Modern families come in many forms. A will is essential if you have:

  • A blended family

  • Stepchildren

  • Unmarried partners

  • Estranged relatives

  • Close friends you want to include

  • Pets you want cared for

Minnesota’s intestacy laws do not account for these relationships. Without a will, these important people may receive nothing.

6. It Prevents Family Conflict

Lack of clarity is one of the biggest causes of estate disputes. When family members don’t know what you wanted, disagreements can escalate quickly.

A will:

  • Clearly spells out your intentions

  • Reduces confusion

  • Helps avoid fights over sentimental or high-value items

  • Provides peace of mind to the people you leave behind

The more specific your plan, the smoother things go.

7. It’s an Opportunity to Leave a Lasting Impact

Your will can help you support causes and communities that matter to you through charitable gifts or legacy donations. Whether it's your church, a local organization, or a charity you love, a will allows you to be intentional with your final gifts.

8. It’s Easier and More Affordable Than Most People Think

Many Minnesotans delay estate planning because it feels overwhelming. In reality:

  • A will can be created quickly with proper guidance

  • You can update it as your life changes

  • The cost is far less than the cost of probate problems caused by having no plan

Working with an experienced Minnesota estate planning attorney ensures your will is legally valid, comprehensive, and tailored to your needs.

Final Thoughts

Having a will is one of the simplest yet most important steps you can take to protect your loved ones and your legacy. It provides clarity, control, and peace of mind—both for you and for the people who will one day rely on your wishes.

If you’re ready to create or update your will, Young & Pevehouse Law PLLC offers personalized estate planning tailored to your life, your family, and your goals.

Lauren Pevehouse
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