How to Make a Valid Will in Michigan

Michigan in depth

Michigan is one of the more forgiving states about how a will is made: it recognizes handwritten wills, it does not require a notary for validity, and a court can even rescue a document that was never executed as a will at all if the intent is clear enough. A widely-cited Michigan case even admitted a will typed on a phone through that rule. But that flexibility breeds its own traps — people write an undated "holographic" will that fails, or count on the harmless-error rescue as if it were a plan.

The statute facts above give you the rules. This section covers where Michigan wills actually go wrong, and the protections built into Michigan's Estates and Protected Individuals Code (EPIC) that you cannot draft around.

Five ways a Michigan will goes wrong

Most Michigan wills that fail, fail on how they were made — not on what they say. These are the recurring ones.

1. 1

   A handwritten will that isn't dated

   Michigan recognizes holographic (handwritten) wills, but only if the document is dated and the testator's signature and material portions are in the testator's own handwriting (MCL 700.2502(2)). The date is a hard requirement, not a nicety — leave it off and the document is not a valid holographic will. If it also has no two witnesses, it is not a valid attested will either. Write the date in your own hand, every time.

2. 2

   Treating the harmless-error rule as a plan

   Michigan's harmless-error statute lets a court honor a document that wasn't executed correctly if the proponent proves by clear and convincing evidence that the decedent intended it as a will (MCL 700.2503). It is a genuine safety valve — it is how a Michigan court admitted a will typed on a phone. But it is an expensive courtroom fight argued after you are gone, with no guarantee. Sign a proper witnessed will; don't build your plan on a rescue.

3. 3

   Assuming a notary makes the will valid — or self-proving by itself

   Notarization is not required to make a Michigan will valid; two witnesses are what matter (MCL 700.2502(1)). A notary's separate job is to turn a properly witnessed will into a self-proved will, so the witnesses never have to testify later (MCL 700.2504). Notarizing a will that lacks two valid witnesses does not save it. Get the two witnesses first; add the notarized self-proving affidavit second.

4. 4

   Witnesses who don't sign within a reasonable time

   Each of your two witnesses must sign within a reasonable time after witnessing either your signing of the will or your acknowledgment of your signature (MCL 700.2502(1)). Mailing the will around to collect signatures long after the fact invites a challenge. The safe move is to get the testator and both witnesses in one room and have everyone sign together.

5. 5

   Signing electronically and assuming it counts

   Michigan has not enacted a dedicated electronic-wills statute as of 2026. Electronic documents have been admitted only through the harmless-error rule (MCL 700.2503), after a contested court fight — not because e-signatures are formally valid. A scanned PDF or an e-signed file is not a reliably valid Michigan will. The valid route remains a physical document signed in wet ink before two witnesses.

You can't fully disinherit a spouse in Michigan

Even if your will leaves a surviving spouse nothing, Michigan gives them a right to elect against the will. A spouse who elects takes one-half of the share they would have received had you died intestate, reduced by one-half of the value of property they received from you by other means such as joint accounts or beneficiary designations (MCL 700.2202). Michigan is not a community-property state, so this elective share — not automatic ownership of half the marital estate — is the spouse's core protection.

On top of the elective share, a surviving spouse is entitled to a homestead allowance of $15,000 (MCL 700.2402) and exempt property up to $10,000 (MCL 700.2404), both adjusted for inflation, plus a reasonable family allowance during administration (MCL 700.2403). These come off the top before general devises. If your plan depends on leaving a spouse less than these amounts, build them into the plan — the court applies them regardless of what the will says.

The spouse or child you forgot: Michigan's omitted-heir rules

If you marry after signing your will and never update it, your new spouse is entitled to an intestate share — what they would have received had you died without a will — unless the will was made in contemplation of the marriage, says it survives a later marriage, or you provided for the spouse outside the will intending to substitute for a testamentary gift (MCL 700.2301).

The same idea protects a child born or adopted after the will who is left unprovided for: they generally take what they would have received had you died intestate (MCL 700.2302). Both rules fall away if the omission was clearly intentional or you provided for the person outside the will. The safe move is simple — revisit the will after any marriage, divorce, or new child.

Handwritten wills are valid — but date them and write the key terms yourself

A Michigan holographic will needs no witnesses and no notary. What it needs is a date, plus your signature and the material portions — who gets what — in your own handwriting (MCL 700.2502(2)). A printed or store-bought form with the key terms typed in is not a valid holographic will, and without two witnesses it is not a valid attested will either.

The most common way a Michigan handwritten will fails is the missing date. It is a hard statutory requirement here. A handwritten will is a genuine emergency option in Michigan, but a witnessed, typed will is far easier to prove and far harder to attack.

Interested witnesses don't void the will — and Michigan doesn't purge the gift

In many states, a gift to someone who also served as a witness is automatically cut down or voided. Michigan takes the opposite approach: an individual generally competent to be a witness may witness a will, and the signing of a will by an interested witness does not invalidate the will or any provision of it (MCL 700.2505). There is no purging statute that strips the witness-beneficiary's gift.

That is more forgiving than New York or California, but it is not a license to be careless. A beneficiary who serves as a witness still hands a will contestant an argument about undue influence. The cleanest practice is still to use two disinterested witnesses who inherit nothing.

Michigan gives you a fill-in-the-blank statutory will

Michigan is one of a handful of states that publishes a statutory will — a standardized, fill-in-the-blank form written into the code itself (MCL 700.2519). A will executed on that form and otherwise in compliance with it is a valid will, and anyone who prints and distributes the form must reproduce it verbatim, with the notice provisions in 10-point boldface type.

The statutory will lets you name beneficiaries, leave specific cash gifts, give everything else to your spouse or children, and nominate a personal representative and a guardian for minor children — but it is deliberately basic and cannot be customized beyond its blanks. It still must be signed and witnessed by two people like any other attested will. For a simple estate it is a legitimate option; for anything with trusts, blended families, or tax planning, it will not be enough.

Common questions about Michigan wills

Sources

• MCL 700.2501 — Who may make a will; mental capacity
• MCL 700.2502 — Execution of wills; holographic wills
• MCL 700.2503 — Writings intended as wills (harmless error)
• MCL 700.2504 — Self-proved will; acknowledgment before notary
• MCL 700.2505 — Who may witness; interested witness
• MCL 700.2202 — Surviving spouse's election against will
• MCL 700.2301 — Premarital will; share of spouse married after will
• MCL 700.2302 — Omitted after-born or after-adopted children
• MCL 700.2402 — Homestead allowance
• MCL 700.2404 — Exempt property
• MCL 700.2519 — Michigan statutory will form
• MCL 700.3201 — Venue for probate proceedings
• Michigan Legal Help — Wills & life planning

Who Can Make a Will in Michigan?

You must be at least 18 years old to make a will in Michigan. No statutory exceptions for minors. The testator must be of sound mind (MCL 700.2501)

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another individual may sign in the testator's conscious presence and by the testator's direction (MCL 700.2502).

Witness Requirements in Michigan

Michigan requires 2 witnesses. Must be competent individuals. Each witness must sign within a reasonable time after witnessing the signing or the testator's acknowledgment of the signature or the will.

Interested witnesses: An interested witness does not invalidate the will (MCL 700.2505)

Notarization in Michigan

Notarization is not required for a will to be valid in Michigan. Not required for validity; used for self-proving affidavit

Self-Proving Affidavit

Michigan allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (MCL 700.2504)

Handwritten (Holographic) Wills

Michigan does recognize holographic wills. Valid if the signature and material portions are in the testator's handwriting. Date is not required but recommended. Intent may be established from extrinsic evidence (MCL 700.2502(2))

Electronic Wills

Michigan does not currently recognize electronic wills. Michigan does not currently have an electronic wills statute

How to Revoke a Will in Michigan

In Michigan, a will can be revoked by:

• •Executing a subsequent will that revokes the prior will expressly or by inconsistency
• •Performing a revocatory act (burning, tearing, canceling, obliterating, or destroying) by the testator or by another in the testator's conscious presence and at their direction

MCL 700.2507

Special Provisions in Michigan

Michigan is a separate property/common law state. Surviving spouse has an elective share under the augmented estate system (MCL 700.2202). Michigan adopted the Uniform Probate Code. Michigan has no state estate tax

Relevant Michigan Statutes

• MCL 700.2501 (Who may make a will)
• MCL 700.2502 (Execution of wills; holographic wills)
• MCL 700.2504 (Self-proved wills)
• MCL 700.2505 (Interested witnesses)
• MCL 700.2507 (Revocation)
• MCL 700.2202 (Elective share)