Michigan Last Will and Testament

Introduction

Key Things to Know

1. 1

   A last will and testament is a legal document that states who receives your property and names the personal representative (executor) who will administer your estate after you die. It can also name a guardian for your minor children.

2. 2

   Michigan requires 2 witnesses. Under MCL 700.2502 a will is valid only if signed by the testator and by at least 2 individuals, each of whom signs within a reasonable time after witnessing the testator's signing of the will or the testator's acknowledgment of the signature or of the will. An interested witness, meaning a beneficiary under the will, does not invalidate the will or the witness's own gift, under MCL 700.2505.

3. 3

   A self-proving affidavit is available. It is a separate sworn statement, signed by the testator and both witnesses before a notary or other officer authorized to administer oaths, that lets the will be admitted to probate without live witness testimony (MCL 700.2504). It needs a notary; the will itself does not.

4. 4

   Michigan recognizes a holographic will. A handwritten, unwitnessed will is valid if it is dated and the testator's signature and the document's material portions are in the testator's own handwriting (MCL 700.2502(2)). No witnesses are required for a holographic will.

5. 5

   The will itself does not need to be notarized. It becomes valid through the testator's signature and 2 witnesses (MCL 700.2502). A notary is used only for the optional self-proving affidavit described above.

6. 6

   You must be at least 18 years old and have sufficient mental capacity to make a will. Sufficient mental capacity means understanding that you are disposing of property after death, knowing the nature and extent of your property, knowing the natural objects of your bounty, and understanding the general effect of signing the will (MCL 700.2501).

7. 7

   You can revoke a Michigan will with a later will that revokes it expressly or by inconsistency, or with a revocatory act such as burning, tearing, canceling, obliterating, or destroying the will with intent to revoke it (MCL 700.2507). Divorce automatically revokes provisions favoring a former spouse (MCL 700.2807).

Michigan Requirements for Last Will and Testament

• Two Witnesses Required

  A Michigan will must be signed by at least 2 witnesses, each of whom signs within a reasonable time after witnessing the testator's signing of the will or the testator's acknowledgment of the signature or of the will (MCL 700.2502).

• Interested Witnesses Do Not Invalidate the Will

  Michigan has no purging statute. Under MCL 700.2505, the signing of a will by an interested witness, meaning a beneficiary under the will, does not invalidate the will or any provision of it, though using disinterested witnesses is still the safer practice.

• Self-Proving Affidavit Is Available

  Under MCL 700.2504, a Michigan will can be made self-proving through a sworn acknowledgment by the testator and both witnesses before an officer authorized to administer oaths, such as a notary public. This lets the will be admitted to probate without live witness testimony. It is optional.

• Holographic Wills Are Recognized

  Under MCL 700.2502(2), a handwritten will is valid without any witnesses if it is dated and the testator's signature and the document's material portions are in the testator's own handwriting.

• No Notary Required for the Will Itself

  A Michigan will becomes valid through the testator's signature and 2 witnesses, not a notary (MCL 700.2502). A notary is used only for the separate, optional self-proving affidavit under MCL 700.2504.

• Minimum Age and Mental Capacity

  You must be at least 18 years old with sufficient mental capacity to make a will in Michigan. Sufficient mental capacity means understanding you are disposing of property after death, knowing the nature and extent of your property, knowing the natural objects of your bounty, and understanding the general effect of signing the will (MCL 700.2501).

• Revocation by a Later Will or a Revocatory Act

  Under MCL 700.2507, a Michigan will is revoked by a later will that revokes it expressly or by inconsistency, or by a revocatory act performed with intent to revoke, such as burning, tearing, canceling, obliterating, or destroying the will. Divorce or annulment automatically revokes provisions favoring a former spouse under MCL 700.2807.

• Appoint a Personal Representative (Executor)

  Michigan's Estates and Protected Individuals Code uses the term personal representative for the person who administers your estate, sometimes still called an executor. Name a personal representative and a successor in your will so the Probate Court has someone ready to act.