How to Make a Valid Will in Michigan

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)