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Michigan Last Will and Testament

Michigan requires 2 witnesses to sign a valid will, and holographic (handwritten) wills are also recognized. Free will template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the personal representative (executor) who will administer your estate. It can also name a guardian for your minor children. In Michigan, a will is valid under the Estates and Protected Individuals Code (EPIC) if it is in writing, signed by the testator, and signed by at least 2 witnesses, each of whom signs within a reasonable time after witnessing the testator's signature or acknowledgment (MCL 700.2502). Michigan does not require the witnesses to sign in the testator's presence, and an interested witness, meaning a beneficiary under the will, does not invalidate the will or that witness's own gift under MCL 700.2505. The will itself does not need a notary; only the optional self-proving affidavit, a separate sworn statement signed before a notary or other officer authorized to administer oaths, requires one (MCL 700.2504). Michigan also recognizes a holographic will, a handwritten, unwitnessed will, 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)). You must be at least 18 years old with sufficient mental capacity to make a will (MCL 700.2501). Attorney review is available as an option before you sign.

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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).

Key decisions before you file

Before you file a Last Will and Testament in Michigan, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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MICHIGAN LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [YOUR FULL LEGAL NAME], a resident of [COUNTY] County, Michigan, being of sound mind and at least 18 years old, declare this to be my Last Will and Testament (my will). I revoke all prior wills and codicils I have previously made.

  2. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR) I appoint [PERSONAL REPRESENTATIVE NAME] of [CITY], Michigan, as the personal representative, also called executor, of my estate, to serve without bond if permitted by the Probate Court. If [PERSONAL REPRESENTATIVE NAME] is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative. I direct my personal representative to pay my valid debts, funeral expenses, and expenses of administering my estate before distributing property under this will. If I have minor children, I appoint [GUARDIAN NAME] of [CITY], Michigan, as guardian of my minor children, and [SUCCESSOR GUARDIAN NAME] as successor guardian if [GUARDIAN NAME] is unable or unwilling to serve.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests here: describe each item or amount of property and the beneficiary who receives it. Include specific bequests of money, personal items, and real estate as applicable.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, meaning everything I own that is not specifically listed above, to [RESIDUARY BENEFICIARY NAME]. If [RESIDUARY BENEFICIARY NAME] does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION This will was signed by me on [DATE], in [CITY], Michigan. Under MCL 700.2502, a Michigan will is valid when it is in writing, signed by the testator, and 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. Michigan does not require the witnesses to sign in the testator's presence, but signing together is the safer practice.

Signed: _____________________________ [YOUR FULL LEGAL NAME], Testator

WITNESS 1: _____________________________ Address: [ADDRESS] WITNESS 2: _____________________________ Address: [ADDRESS]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Under MCL 700.2504, this will may be made self-proving by the sworn acknowledgment of the testator and both witnesses before an officer authorized to administer oaths, such as a notary public. Adding this affidavit lets the will be admitted to probate later without requiring the witnesses to testify.

STATE OF MICHIGAN COUNTY OF [COUNTY]

We, [YOUR FULL LEGAL NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being duly sworn, declare that the testator signed this will as a free and voluntary act, that each witness signed at the testator's request, and that to the best of each witness's knowledge the testator was 18 or older and of sound mind.

_____________________________ Testator _____________________________ Witness 1 _____________________________ Witness 2

Subscribed and sworn before me on [DATE].

Notary Public, Michigan My commission expires: [DATE]

Note: This will is governed by the Michigan Estates and Protected Individuals Code, MCL Chapter 700. A beneficiary who also serves as a witness does not invalidate the will or that witness's gift, under MCL 700.2505, but naming disinterested witnesses avoids any appearance of undue influence and is the safer practice. This is a Michigan skeleton for a last will and testament. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Michigan in about a minute, and notarize it online through DocDraft if it does.

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.

Does your Last Will and Testament need to be notarized in Michigan?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Michigan requires at least 2 witnesses. Under MCL 700.2502, each witness must sign 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. Michigan does not require the witnesses to sign in the testator's presence. An interested witness, meaning a beneficiary under the will, does not invalidate the will or that witness's own gift under MCL 700.2505, but using disinterested witnesses avoids any appearance of undue influence.

No. A Michigan will becomes valid through the testator's signature and 2 witnesses, not a notary, under MCL 700.2502. A notary is used only for the optional self-proving affidavit, a separate sworn statement under MCL 700.2504 that lets the will be admitted to probate without live witness testimony. The affidavit speeds up probate but is not required to make the will valid.

Yes. Under MCL 700.2502(2), a will that does not meet the standard witnessed-will requirements is valid as a holographic will, whether or not witnessed, if it is dated and the testator's signature and the document's material portions are in the testator's own handwriting. Testamentary intent can also be shown with extrinsic evidence, including portions not in the testator's handwriting, under MCL 700.2502(3).

Put your wishes in writing, name a personal representative (executor) and a guardian for minor children if needed, describe who receives your property, and sign the document. Then have at least 2 witnesses sign within a reasonable time after witnessing your signature or acknowledgment, per MCL 700.2502. Adding a self-proving affidavit before a notary under MCL 700.2504 is optional but makes probate simpler.

A witnessed will is valid under MCL 700.2502 if it is in writing, signed by the testator, and signed by at least 2 witnesses who each sign within a reasonable time after witnessing the signing or acknowledgment. A will can also be valid as a holographic will, with no witnesses, if it is dated and the signature and material portions are in the testator's handwriting, under MCL 700.2502(2).

A self-proving affidavit is a sworn statement, signed by the testator and both witnesses before an officer authorized to administer oaths such as a notary public, that is attached to the will under MCL 700.2504. It lets the will be admitted to probate without requiring the witnesses to testify. MCL 700.2504 also permits an unsworn written declaration under penalty of perjury as an alternative to the notarized affidavit.

You must be at least 18 years old with sufficient mental capacity to make a will in Michigan, under MCL 700.2501. Sufficient mental capacity means understanding you are providing for the disposition 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.

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