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Are Online Wills Really Legal? Why “Close Enough” Can Become a Probate Fight in Minnesota

If you’ve ever googled “online will,” you’ve seen the promise: fast, inexpensive, and “legally valid.” Sometimes that’s true. Sometimes it’s a mess—especially when a family member challenges the document after death.

Here’s the uncomfortable reality: many “online wills” fail not because the ideas are wrong, but because the legal formalities weren’t followed (or because the document doesn’t actually accomplish what the person thought it did). And when a will fails, Minnesota’s default intestacy rules—not your wishes—control.

This article explains where online wills can go sideways, what Minnesota law actually requires, and how to reduce the risk of an expensive dispute.

What People Mean by “Online Will” (Three Very Different Things)

When someone says “I did my will online,” it usually means one of these:

1. A template or questionnaire-generated document. You fill in blanks, download a PDF, and print/sign it.

2. A will signed electronically (an “electronic will”). Minnesota has a framework allowing electronic execution and remote “presence,” but the details matter.

3. A will you started online but never executed properly. This is the most common problem: the document exists, but the signing/witnessing didn’t meet the legal requirements.

Those categories look similar on your laptop. In probate court, they can be worlds apart.

The Baseline: What Minnesota Generally Requires for a Valid Will

In Minnesota, a will generally must be:

• in writing,

• signed by the testator (the person making the will), and

• signed by at least two witnesses (who sign within a reasonable time after witnessing the signing or acknowledgment).

That’s the core rule most people trip over—especially the witness piece.

Minnesota and Electronic Wills: “Allowed” Doesn’t Mean “Automatic”

Minnesota adopted a version of the Uniform Electronic Wills Act, which modernized key definitions (like “presence” and “signed”) so that, in many cases, a will can be executed using electronic methods—including remote, real-time audiovisual communication if done correctly.

That said, two important cautions:

• Not every online-will platform is designed to comply with Minnesota’s specific execution requirements. Some are built around “print it and sign it” workflows.

• Even with electronic execution available, the will still has to be properly witnessed and reliably preserved. Minnesota also addresses how a certified paper copy of an electronic will can be created for probate purposes.

Bottom line: electronic wills can be valid in Minnesota—but only if the process matches the statute.

Why Online Wills Get Challenged (and Sometimes Lose)

1) The witnessing wasn’t done correctly

This is the #1 issue. People sign alone, sign with only one witness, or have witnesses sign later without actually witnessing the signing/acknowledgment. Minnesota’s witnessing rules are not a “nice to have.”

2) The will is ambiguous (and the platform didn’t catch it)

Templates can’t reliably spot:

• inconsistent beneficiary designations,

• unclear “who gets what” language,

• common drafting traps (e.g., “per stirpes” misunderstandings),

• problems created by later life events (marriage, divorce, new children, blended families).

Ambiguity invites litigation.

3) The will doesn’t control the assets the way the person thinks

Many major assets pass outside a will (beneficiary-designated retirement accounts, life insurance, transfer-on-death arrangements, jointly held property). A will can be perfectly executed and still fail to accomplish the overall plan because the real “plan” is in account titling and beneficiary forms.

4) Capacity and undue influence concerns are easier to raise

When a will is executed without professional oversight, challengers often argue:

• the testator didn’t understand what they were signing,

• someone pressured them,

• someone “helped” draft it in a self-serving way.

A clean execution process—and good documentation—helps reduce that risk.

5) Storage problems: nobody can find the original, or versions conflict

If the family can’t locate the will, or finds multiple drafts with different terms, the dispute gets more complicated quickly. Minnesota has procedures around wills deposited with the court administrator, but most people never use them.

The Real Point: Wills Are Cheap—Probate Litigation Isn’t

Online tools can be useful for some people with simple situations. But the cost of “getting it wrong” is usually paid later by the family, in the form of:

• delayed administration,

• increased attorney’s fees,

• court hearings,

• fractured relationships.

If you want confidence that your wishes will hold up—and that your family won’t have to fight about what you “really meant”—it’s worth having the plan reviewed and properly executed.

How We Can Help

At Dougherty, Molenda, Solfest, Hills & Bauer P.A., we help clients:

• confirm whether an online-drafted will is likely to be enforceable in Minnesota,

• fix execution issues before they become probate problems,

• coordinate wills with trusts, beneficiary designations, business succession, and real estate planning,

• reduce the risk of will contests and family disputes.

If you already created an online will, a short review now can prevent a major problem later. Contact Us Today.