Last Will and Testament in Michigan
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What Michigan law says
| 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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| 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 |
| 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) |
Fill it in
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · Michigan tenant rights
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.