Minnesota: Every Legal, Medical, and Estate Planning Document You Need

Here's a complete guide to every critical medical, legal, and estate planning document and relevant state law for Minnesota. Download these forms and get started with Pillar to organize all of your most important documents in one safe, secure, easy-to-use online storage solution

February 2, 2021

If you or a loved one lives in Minnesota, there are a number of forms, documents, resources, and specific state laws you should be aware of. Whether you are handling a guardianship of an elderly person, or just want to know how probate court or inheritance law works, continue reading for some of the more important documents and laws you should know about.

Essential Medical State Laws & Forms: Minnesota

How to Get Your Medical Records in Minnesota

Minnesota law (Section 145.32) requires hospitals to retain medical records for at least 7 years. If the patient is a minor, they will hold the records for seven years after they have reached the age of majority.

In Minnesota, you have a right to access and view your medical records. You also have a right to amend and add information to your medical records. However, depending on the nature of the medical records, certain information may not be eligible for amendment.

Speaking with your healthcare provider regarding amendments is the best option. The Minnesota Medical Association has stated that while doctors may charge a fee for the records, they cannot charge a fee if the patient is looking for a copy of a record as it pertains to current medical care (Section 144.292).

Minnesota Advance Directive Forms & Laws

How to Create a Living Will in Minnesota

The Minnesota living will form is available from the Minnesota Board on Aging. This form has additional documents related to creating a medical POA or medical proxy. It must be notarized or have two witnesses sign so it may be considered valid.

Minnesota Do Not Resuscitate Order (DNR) Form

DNRs are allowed in Minnesota per Section 145C.02. Download this form to file a DNR. The patient and listed medical provider must both sign the form.

Durable Medical Power of Attorney (POA) in Minnesota

This form is available in Minnesota and allows you to name another person to be your agent. This agent will have the ability to make medical decisions for you.

This form is available in the same packet in which you fill out your living will.

Learn more about how to set up a living will (and why you might need one).

Minnesota Organ Donor Registry

You can register to become an organ donor in Minnesota, at Donate Life Midwest.

Essential Minnesota Legal & Estate Planning Documents & Forms

Trusts and Probate Laws in Minnesota

Chapter 524 of the Minnesota statutes govern the probate process.

A will shall not allow any decedent’s estate (deceased person) to completely avoid the probate process. However, the heirs may be able to collect the inheritance if they complete an Affidavit for Collection of Personal Property. This only applies if the estate is worth $75,000 or less.

Minnesota Digital Estate Planning Laws

Minnesota has no legislation pertaining to digital estate planning. If you wish to incorporate digital assets into an estate, speak with your lawyer. 

Minnesota Probate Laws

If a person’s estate is intestate because they die without a will, it will be distributed through Minnesota’s intestacy laws. This is a process that involves distributing assets to the closest relatives. 

Intestacy succession laws are available here.

How to Get a Marriage, Birth, and Death Certificate in Minnesota

Minnesota’s official state website has information for how to obtain each of these vital records.

  • Marriage certificate: Marriage certificates are public record and can be searched for in the Minnesota “MOMS” System.
  • Birth certificate: The cost to acquire a birth certificate in Minnesota is $26.
  • Death certificate: The cost to acquire a death certificate in Minnesota is $13.

Does Minnesota Have an Estate & Inheritance Tax?

Minnesota is one of a few states that does have a separate estate tax. The tax rate fluctuates between 13%-16% depending on the value of the property. The tax-free threshold is $3 million.

  • Inheritance tax: There are no inheritance taxes in Minnesota
  • Gift tax: There are no gift taxes in Minnesota. 

Be aware that you may still be responsible for federal taxes on an inheritance.

Everything You Need to Know About Estate Planning in Minnesota

Minnesota has a number of unique state laws when it comes to your medical records, inheritance taxes, wills, trusts, and estate planning. Navigate the strict probate process and estate tax with confidence with your customized and organized Pillar account. You can scan, store, and share your most important state documents when you need them with Pillar's secure and easy-to-use online storage tool for you and your family.

Start your free 14-day trial today and see if Pillar is right for you.