How to Make a Valid Will in Michigan
What Michigan law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Anyone 18 or older with sufficient mental capacity may make a will. Capacity means understanding that the will passes property at death, knowing the nature and approximate value of one's property, knowing the people who would naturally inherit, and understanding the general effect of… MCL 700.2501, 700.2502, 700.2505
| Requirements for a valid will | Anyone 18 or older with sufficient mental capacity may make a will. Capacity means understanding that the will passes property at death, knowing the nature and approximate value of one's property, knowing the people who would naturally inherit, and understanding the general effect of signing. The will must be in writing, signed by the testator (or by another person in the testator's name, in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each within a reasonable time after seeing the signing or the testator's acknowledgment. A will signed by an interested witness is still valid. Source: MCL 700.2501, 700.2502, 700.2505 |
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| Handwritten (holographic) wills | Yes. A handwritten will is valid whether or not it is witnessed if it is dated and the testator's signature and the material portions of the document are in the testator's handwriting. Source: MCL 700.2502(2) |
| Self-proving affidavit | A will can be made self-proved at signing or at any later time by the testator's acknowledgment and the two witnesses' sworn statements before an officer authorized to administer oaths (such as a notary), with the officer's certificate attached. Michigan also allows a non-sworn written statement signed by the testator and witnesses, dated, and made under penalty of perjury under Michigan law. Source: MCL 700.2504 |
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FAQ
What makes a will valid in Michigan?
Anyone 18 or older with sufficient mental capacity may make a will. Capacity means understanding that the will passes property at death, knowing the nature and approximate value of one's property, knowing the people who would naturally inherit, and understanding the general effect of signing. The will must be in writing, signed by the testator (or by another person in the testator's name, in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each within a reasonable time after seeing the signing or the testator's acknowledgment. A will signed by an interested witness is still valid.
Is a handwritten will valid in Michigan?
Yes. A handwritten will is valid whether or not it is witnessed if it is dated and the testator's signature and the material portions of the document are in the testator's handwriting.
Does a will need to be notarized in Michigan?
A will can be made self-proved at signing or at any later time by the testator's acknowledgment and the two witnesses' sworn statements before an officer authorized to administer oaths (such as a notary), with the officer's certificate attached. Michigan also allows a non-sworn written statement signed by the testator and witnesses, dated, and made under penalty of perjury under Michigan law.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.