Michigan Statutory Will Explained

Do you ever think about how you’d like your assets to be distributed after you’re gone but feel overwhelmed by the process of creating a will? You’re not alone.

For many people in Michigan, the idea of tackling estate planning feels like a big, complicated task. But there’s a simpler option out there that might be just what you need: the Michigan Statutory Will.

Let’s explore what a Michigan Statutory Will is, how it works, and whether it’s the right option for you.

What Is a Michigan Statutory Will?

A Michigan Statutory Will is essentially a “fill-in-the-blank” will provided under Michigan law (MCL 700.2519). It’s designed to make the process of creating a will straightforward, especially for people with relatively simple estates.

Think of it as a state-approved template that helps you decide how to distribute your property, name a guardian for your kids, and appoint someone to handle your affairs.

Here’s what it includes:

• Identification of You (the Testator): You’ll fill in your legal name and address so the will clearly identify who it belongs to.
• Personal Representative Appointment: This is the person you entrust with managing your estate after you pass.
• Distribution of Assets: The form guides you in designating who gets what. It prioritizes your spouse and children but allows for some specific instructions.
• Guardianship for Minor Children: If you have kids under 18, you can name someone to care for them.
• Cash Gifts: You’re allowed to name up to two people or charities for specific monetary gifts.

Requirements for a Valid Michigan Statutory Will

So, what makes this legally binding? Michigan has a few straightforward rules:

• You Must Be 18 or Older: Only adults can make a statutory will.
• A Sound Mind Is Required: You must fully understand what you’re doing when you create the will.
• Two Witnesses: When you sign your will, you need two witnesses present. They also have to sign the document in your presence.
• Self-Proving Affidavit: To make things easier during probate, the will includes a section where you and your witnesses can have your signatures notarized. This confirms its validity and helps avoid extra steps later.

When done correctly, this simple process gives you peace of mind, knowing your wishes are documented and legally enforceable.

Why Do Some People Choose a Statutory Will in Michigan?

The statutory will in Michigan is a basic option for those with simple estate planning needs. Its beginner-friendly, pre-printed format makes it easy to complete without legal assistance, reducing the risk of errors and ensuring your wishes are clear.

This solution saves on legal fees while providing a basic safety net to ensure your assets are distributed according to Michigan law and your loved ones are cared for.

Limitations of a Statutory Will & When to Consider Alternatives

For individuals who might not otherwise create a will the statutory may offer a legally sound fallback, however it is less than perfect for nearly every estate plan. Let’s look at where it falls short.

Lack of Flexibility

If your wishes go beyond the basics—such as excluding certain family members or leaving specific personal items to someone—this format is not suitable. It doesn’t allow for much customization.

Unsuitable for Complex Estates

Do you have a blended family, significant assets, or a small business? A statutory will won’t help you with those. It’s designed for simplicity, so more complex needs require a custom plan.

No Advanced Planning Options

If you’re considering tools like trusts to protect your assets, reduce taxes, or ensure long-term care, a statutory will won’t be sufficient. For those scenarios, you’ll need a more comprehensive estate plan crafted specifically for your situation.

Hidden Legal Pitfalls

While statutory wills are designed to be simple, the simplicity can be deceptive. Without the guidance of an attorney, it’s easy to overlook important details or unintentionally create contradictions in your will. A small mistake in wording or failing to include critical information can result in delays, legal disputes, or even cause your will to be deemed invalid

Take the First Step Towards Peace of Mind – Contact Us Today

If you’re unsure whether a Michigan Statutory Will is right for you, we’re here to help.

At Bassett Murray Law Group, we’re invested in improving lives, one family at a time. Let us help you create a plan that protects your loved ones and gives you peace of mind.

Give us a call today at 734-930-9200 in Ann Arbor or 231-427-2292 in Petoskey to set up a consultation.