How to Make a Will in Michigan
Making a will is necessary for planning your estate and providing for your loved ones in the event of your death. The topics below can help you learn more about making a will in Michigan and its importance.
What are the Steps to Create a Will in Michigan?
Michigan has specific legal laws and requirements for signing and witnessing your will, and you must comply with them for the will to be considered valid;
1. Signature.
As the Testator, you should sign your will or in the event you cannot sign, you may direct someone else to sign on your behalf in your presence.
2. Witnesses.
There needs to be two competent witnesses who must witness your signing of the will. Michigan laws are not against having a witness with an interest in the estate to be your witness.
3. Notarization.
You are not required to have your will notarized. However, you will need it if you want to use a self-proving affidavit.
4. Self-proving Affidavit.
It is a sworn statement that your witnesses sign when you make your will, attesting before a notary that they witnessed you signing the will, had the testamentary capacity, and did so voluntarily.
What Happens if I Don’t Have a Will?
When you don’t have a will and you die, you will be deemed to have died intestate. A probate court will follow the laws of intestacy in distributing your estate amongst your beneficiaries according to the laws of Michigan with no consideration of your wishes.
What are the Requirements for Writing a Last Will and Testament in Michigan?
There are several requirements for writing a Last Will and Testament in Michigan that must be adhered to for validity.
1. Age.
The testator must be at least 18 years old.
2. Capacity.
The testator must be of sound mind and not coerced or forced.
3. Signature.
The will must be signed by the testator or by someone else on behalf of the testator under his instructions.
4. Witnesses.
The Testator must sign the will in the presence of two competent witnesses who must sign acknowledging they witnessed the Testator signing or acknowledging the signature.
5. Writing.
A Michigan will must be in writing for it to be valid.
How Often Should You Review and Update Your Michigan Will?
You should review and update your Michigan Will after every four to five years or after any significant life event. Life events that necessitate a review or update of your will are marriage, divorce, birth or adoption of a child, significant health changes and increase or loss of major assets.
How to revise and update your will in Michigan.
You can revise and update your will in Michigan by adding a codicil that clarifies or modifies the existing will or by creating a new one that revokes and replaces the old one.
What Makes a Will Valid in Michigan?
A will is Valid in Michigan when it is in writing, signed by the testator, and witnessed by two witnesses.
You can get assistance in writing a will in Michigan through the professionals at LegalPen.
Can a Handwritten Will Be Valid in Michigan?
Yes, handwritten wills are valid in Michigan under Mich. Comp. Law 700.2502. However, a Handwritten will is only valid if the material parts are in the testator’s handwriting and signed and dated by the Testator.
How Do I Sign My Michigan Will?
You sign your Michigan Will in front of at least two witnesses. In the event you cannot sign, you can instruct someone to sign on your behalf and have it acknowledged before the two witnesses for it to be valid.
What Can I Include in an Online Will in Michigan?
You can include an inventory of your property, a list of your beneficiaries, your chosen executor who will handle your estate and a gradian for any minors or pets. You should, after that, print out the Online will and have it signed by your witnesses for it to be valid.
Types of assets covered in a Michigan Will.
The types of assets covered in a Michigan Will are;
- Real Estate – These include any land or buildings that you own.
- Personal property – These are items such as jewelry, furniture or other tangible possessions that you have.
- Business interests – owning a business or having shares in a company can form part of your assets.
- Digital assets – all digital assets should be included in your will to form part of your estate.
Can I Revoke or Change My Will in Michigan?
Yes, you can revoke or change your will in Michigan. Some ways of revoking or changing a will are making a codicil, which is an alteration or amendment to the will, or making a new will and invalidating the old one.
Can I Make a Digital or Electronic Will in Michigan?
No, Michigan does not recognize Digital only or Electronic only wills. All wills must be printed in hardcopy and duly signed and witnessed in accordance with Michigan laws.
Who can Witness a Will in Michigan?
Any generally competent individual can be a witness to a will as provided for under MCL 700.2505 (1). Someone is considered competent if they have sufficient physical and mental capacity.
Should My Will Name an Executor?
Yes, your will should name an executor, which is the most crucial reason to make a will, as they will protect and distribute your estate according to your wishes.
What are the Michigan will executor requirements?
Michigan’s will executor requirements are that the executor must be at least 18 years old. There are no other specific requirements under Michigan statutes. However, you should choose someone who is honest and willing to do the job.
What Happens to a Will After Death in Michigan?
After your death, a copy of your Michigan Will shall be delivered to the probate court, which shall appoint the executor. The executor will be responsible for gathering the assets and paying the necessary bills and debts, and the remaining assets will be distributed according to the will.
What is the Impact of Marriage and Divorce on Your Michigan Will?
Michigan law protects the inheritance rights of a surviving spouse who will inherit from your estate as if you had died without a will in the event you fail to make a new will that names your new spouse.
Divorce decree revokes your ex-spouse’s right to receive any assets upon your death, if the name is still in the will, the court during probate will distribute the assigned asset to another beneficiary.
Do all Wills in Michigan have to go through probate?
Yes, all wills in Michigan have to go through probate. This is important as it is a legal process in which the court properly oversees the estate of a deceased person, lays down ground rules for how to proceed, and solves any estate issues that may arise.
Is Michigan a community property state?
No, Michigan is not a community property state. Marital property is split as close as 50/50 as possible using the equitable distribution theory.
How is Michigan intestate succession done?
Michigan intestate succession is done if the deceased dies without a will. The surviving spouse will have the first share, if there is no surviving spouse, the assets shall go to the deceased’s children, grandchildren and great-grandchildren. Where there are no surviving children, the assets will go to the deceased’s parents.
How is Estate and inheritance tax in Michigan done?
Michigan does not have Estate and inheritance tax.
What Are the Differences Between a Simple Will and Mutual Will in Michigan?
The difference between the two types of wills are;
| Simple Will | Mutual Will |
| A will without any complicated clauses, conditions or stipulations. | A will agreement between two individuals to make at the same time, with obligations |
| The author can change at any time the wishes | The terms of the Mutual Will bind the Author after the other party’s death. |
Meet the Author
Annie L – Distinguished linguist at LegalPen
Annie is a distinguished linguist at LegalPen, bringing a unique blend of legal expertise and linguistic precision to her work. She earned her Juris Doctor degree from Yale University in New Haven, Connecticut, attending on a prestigious Law Faculty Merit Scholarship. At Yale, Annie showcased her exceptional skills by serving as an editor on the Yale Law Review.
Upon graduating, Annie gained invaluable experience through a two-year appellate clerkship at a renowned law firm in Connecticut. During her time in law school, she honed her research and writing abilities as a research assistant and writer for various legal firms. Annie’s deep understanding of legal language and her attention to detail make her an invaluable asset to LegalPen.