How do I make a valid will in Michigan?

Question

Accepted Answer

Michigan wills are governed by the Estates and Protected Individuals Code (EPIC), MCL 700.2501 et seq.

1. Testator Requirements

Age: 18 or older (MCL 700.2501).

Capacity: Sound mind.

2. Witness Requirements — Attested Will (MCL 700.2502)

In writing.

Signed by the testator (or by another at the testator's direction in the testator's conscious presence).

Signed by at least 2 individuals, each of whom signed within a reasonable time after witnessing the signing of the will or the testator's acknowledgment of the signature or the will.

3. Notarization

Not required for validity. A self-proving affidavit (MCL 700.2504) executed before a notary allows the will to be admitted to probate without witness testimony.

4. Holographic Wills (MCL 700.2502(2))

Valid if:

Dated.

Signed by the testator.

Material portions are in the testator's handwriting.

No witnesses required.

5. Statutory Will

Michigan provides a fill-in-the-blank statutory will form (MCL 700.2519) that is presumptively valid.

6. Interested Witnesses

Michigan abolished the interested-witness rule — a beneficiary-witness does not lose the gift (MCL 700.2505).

7. Intestacy (No Will)

MCL 700.2102: Spouse + descendants all of marriage and surviving spouse has no other descendants — spouse takes first $150,000 + 1/2 of balance. Spouse + descendants from outside the marriage — spouse takes first $150,000 + 1/2 of balance. (Amounts adjusted for inflation under MCL 700.1210.)

8. Small Estate Threshold

Small estate procedures under MCL 700.3982 are available for estates with assets after funeral and burial expenses not exceeding $15,000 (adjusted annually). Summary administration is available for estates under $24,000.

This is legal information, not legal advice.