Official Minnesota Living Trust Form | Step-by-Step Guide

Manage and distribute assets while avoiding probate

Sales Tax: 6.875%Notary: $5-$10Witnesses: 1

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REVOCABLE LIVING TRUST AGREEMENT
State of Minnesota

This Living Trust Agreement is made on [DATE] by:

GRANTOR/TRUSTOR:
Name: [YOUR NAME]
Address: [ADDRESS], MN [ZIP]

TRUSTEE:
Name: [TRUSTEE NAME] (may be same as Grantor)
Address: [ADDRESS], MN [ZIP]

SUCCESSOR TRUSTEE:
Name: [SUCCESSOR TRUSTEE NAME]
Address: [ADDRESS], MN [ZIP]

ARTICLE I — TRUST NAME
This trust shall be known as the "[YOUR NAME] Revocable Living Trust."

ARTICLE II — TRUST PROPERTY
The Grantor transfers the property listed in Schedule A to the Trustee to hold under the terms of this agreement.

ARTICLE III — DURING GRANTOR'S LIFETIME
The Trustee shall manage trust property for the benefit of the Grantor. The Grantor retains the right to amend, revoke, or terminate this trust at any time.

ARTICLE IV — UPON GRANTOR'S INCAPACITY
If the Grantor becomes incapacitated, the Successor Trustee shall manage trust assets for the Grantor's benefit.

ARTICLE V — UPON GRANTOR'S DEATH
Upon death, the Trustee shall distribute trust assets as follows:
1. [BENEFICIARY NAME]: [PERCENTAGE/DESCRIPTION]
2. [BENEFICIARY NAME]: [PERCENTAGE/DESCRIPTION]
3. [BENEFICIARY NAME]: [PERCENTAGE/DESCRIPTION]

ARTICLE VI — TRUSTEE POWERS
The Trustee shall have full power to invest, sell, lease, and manage trust property in accordance with Minnesota trust law.

This trust is governed by the laws of Minnesota (MN Statutes).

GRANTOR SIGNATURE: _____________________ DATE: _____
TRUSTEE SIGNATURE: _____________________ DATE: _____

NOTARY:
State of Minnesota, County of [COUNTY]
Subscribed and sworn before me this ___ day of _______, 20__.
Notary Public: _____________________

SCHEDULE A — TRUST PROPERTY:
[LIST ALL PROPERTY TRANSFERRED TO TRUST]

FAQ: Living Trust in Minnesota

Is a Living Trust required in Minnesota?

Yes, in Minnesota, a Living Trust is required for most transactions of this type. Under Minnesota State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Living Trust may result in legal complications.

Does a Living Trust need to be notarized in Minnesota?

Notarization requirements in Minnesota (MN) vary by transaction type. Notary fees in the state typically range from $5-$10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.

What are the tax implications of a Living Trust in Minnesota?

Minnesota has a base sales tax rate of 6.875%. Depending on the type of transaction documented in your Living Trust, additional local taxes may apply. Consult with a Minnesota tax professional for specific guidance on your situation.

What is the difference between a living trust and a will?

A living trust avoids probate and takes effect immediately, while a will goes through probate after death. A trust provides privacy (not public record), can manage assets during incapacity, but requires transferring assets into the trust to be effective.

Do I still need a will if I have a living trust?

Yes, a "pour-over" will is recommended to catch any assets not transferred to the trust during your lifetime. The will directs those assets into the trust. You also need a will to name guardians for minor children.

Can I be my own trustee?

Yes, most people serve as their own trustee of their revocable living trust. You maintain full control of your assets during your lifetime. A successor trustee takes over if you become incapacitated or pass away.

Where to File Your Living Trust in Minnesota

Visit your local County Clerk office to file or notarize your Living Trust.

Minnesota County Clerk

Minnesota Capital

Main Government Building, Minnesota

District County Clerk

Minnesota Metro Area

County Courthouse, MN

Minnesota Living Trust Requirements

Review the following requirements to ensure your Living Trust is legally valid in Minnesota.

Grantor must be of sound mind
Successor trustee named
Trust property listed in schedule
Notarization required
Trust must be funded (assets transferred)
Revocation clause included
Distribution instructions specified
Incapacity provisions included
Governing law stated
Signed by grantor and trustee

Minnesota Notarization

While notarization may not be required in Minnesota, it is recommended. Fees range from $5-$10.

Before You Sign

Review all information carefully. In Minnesota, a 6.875% sales tax may apply.

Legal Protection

Keep copies of all signed documents. Minnesota law requires all parties to receive copies of executed documents.

Minnesota Filing Deadlines

Check Minnesota deadlines for filing or recording this document with the appropriate county clerk's office.

SMJ
Reviewed & Fact-Checked

Sarah Mitchell, J.D.

Legal Document Specialist

Licensed Attorney, 15+ years experience

Specializes in contract law and legal document preparation

This Living Trust template for Minnesota has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

Living Trust Costs in Minnesota

Estimated fees and processing times

Fee TypeCostNotes
Notary Fee$5-$15 (if required)Minnesota standard rate: $5-$10
Filing FeeVaries by stateState registration (if applicable)
Processing Time1-3 business daysTypical turnaround in Minnesota
Sales Tax6.875%Minnesota base rate (local taxes may apply)
Witness Requirement1 witnessSingle witness sufficient
Our TemplateFREEDownload instantly, no cost
Fees shown are Minnesota-specific estimates. Contact your local office for exact pricing.

Minnesota Living Trust Legal Guide

In Minnesota, this document is legally binding under local statutes and provides essential protection for both parties involved in the transaction.

Minnesota law (Minnesota State Code) governs this Living Trust. Key financial considerations include a 6.875% sales tax rate and notary fees of $5-$10. The document requires 1 witness and remains valid indefinite.

By utilizing this state-specific template, you avoid common mistakes that could invalidate your document in Minnesota.

grantortrusteesuccessor trusteetrust assetsrevocable trustavoid probatetrust fundestate planning
Whether you're a first-time living trust user or a seasoned professional in Minnesota, understanding the legal nuances of this document is essential. Minnesota (MN) has specific statutes that govern how this form must be prepared, signed, and filed.

Getting It Done Right in Minnesota

Here's the practical approach: download, fill in your details, get signatures, and handle any MN-required notarization. Minnesota makes the process relatively straightforward, but attention to detail matters. Keep at least two copies — one for each party involved.

Enforceability in Minnesota

A Living Trust that meets all MN requirements is fully enforceable in Minnesota. Courts in Minnesota have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.

Smart Practices for MN Compliance

Minnesota has specific rules that differ from neighboring states. Always verify your document against current MN statutes, especially if you're using a template from a previous year. Laws change, and what was valid last year in Minnesota may need updating for 2026.

Meeting Minnesota's Legal Threshold

For your Living Trust to hold up in a Minnesota court, it must satisfy the state's statutory requirements. MN law emphasizes clear language, mutual consent, and proper execution. We've built these requirements directly into our template.

Document Information

Document
Living Trust
State
Minnesota (MN)
Category
Estate Planning
Format
PDF / Word / Print
Cost
100% Free
Sales Tax
6.875%
Notary Fee
$5-$10

Minnesota Legal Requirements

Governing Statute:

State Law

  • Consult with a licensed attorney for specific requirements

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. Laws in Minnesota may change. Consult a licensed attorney for advice specific to your situation.