What Makes a Will Valid in Michigan?

Clear plans help your family avoid confusion later, and a will is a simple way to put your wishes in writing. At Bassett Murray Law Group, PLLC, we have served Michigan families for more than 30 years, building plans that fit real life and bring steady peace of mind. We work with seniors, adults with disabilities, LGBTQIA+ families, and anyone who wants a plan that matches their values.

In this article, we break down what Michigan law requires for a valid will. You will see who can make one, how to sign it, and smart steps that keep your plan strong in probate.

Who Can Make a Will in Michigan?

Michigan law allows any adult to make a will, provided the person has the capacity to do so. You must be at least 18 years old. You also need to be of sound mind when you sign.

Defining ‘Sound Mind’ (Testamentary Capacity)

To have testamentary capacity, you need to know you are signing a document that gives your property to others after your death. You should understand what you own, from your home and bank accounts to personal items. You also need to recognize the close family members or loved ones you would normally expect to include in your plan and understand how your decisions in the will affect them.

Free Choice Requirement

Capacity alone is not enough. Your will must be a product of your free choice, with no coercion, pressure, or undue influence. If someone overruled your decision, a court can set the will aside.

Essential Elements of a Valid Michigan Will

If you want your will to hold up in court, it needs to follow certain steps at the time of signing. Michigan’s Estates and Protected Individuals Code sets these rules. The three basics are writing, a proper signature, and witnesses.

Writing Requirement

Your will must be in writing. Typed or printed documents are fine under Michigan law.

A will written on a phone or spoken aloud does not meet this rule. If handwriting is used instead, see the special rules for holographic wills below.

Signature Requirement

The person making the will, called the testator, should sign it. If the testator cannot sign, another person can sign the testator’s name in the testator’s presence and at the testator’s direction. The date helps show timing and is wise to include.

The signed pages should be kept with the will to avoid later questions. A clean, complete document helps your personal representative in probate.

Witness Requirement

Michigan requires at least two witnesses for a typed or printed will. The witnesses sign within a reasonable time after they watch the testator sign or hear the testator acknowledge the signature.

• Witnesses should be disinterested, meaning they are not receiving gifts under the will.
• Michigan law does not void a will just because a witness is also a beneficiary, as stated in MCL 700.2505. Still, using neutral witnesses lowers the chance of a contest.
• All signatures should be on the same day whenever possible, which helps show a clear, single signing event.

If you use office staff or friends as witnesses, make sure they print their names and contact information near their signatures. That small step saves time later if the court needs to reach them.

Holographic Wills: An Exception

A holographic will is entirely handwritten by the testator. Under MCL 700.2502(2), a holographic will can be valid without witnesses if it is dated and the signature and the material portions are in the testator’s handwriting. This option can work in a pinch, but it often invites disputes about meaning or legibility.

Handwritten wills are often short and miss needed phrasing. A quick review by a lawyer can prevent headaches for your family later.

Michigan Will Types and Requirements

The chart below gives a quick comparison of common will formats used in Michigan. Use it as a reference while you think through your next step.

Type of Will	Writing	Signature	Witnesses	Statute Cite	Notes
Typed or Printed Will	Required	Testator signs, or another signs in the testator’s presence and at the direction of the testator	Two witnesses who sign within a reasonable time	MCL 700.2502(1), 700.2505	Standard approach
Holographic Will	Entirely handwritten for material terms	Testator signs	Not required	MCL 700.2502(2)	Must be dated, signed, and include the material parts in the testator’s handwriting
Self-Proven Will	Typed or printed	Testator signs	Two witnesses plus a notarized self-proof affidavit	MCL 700.2504	Speeds probate by avoiding witness testimony

We find that each option can work, but the typed, witnessed, and self-proven route tends to be the smoothest for families.

Self-Proving a Will

Self-proving is a short form that the testator and witnesses sign in front of a notary public, as described in MCL 700.2504. The affidavit states that the will was signed voluntarily and with capacity. Courts accept this as proof of proper signing without calling witnesses later.

A self-proved will often move through probate more quickly. That means your personal representative can get to work without having to track down witnesses years after the signing.

What Can a Will Include?

Your will does more than pass property. It also names the person who will carry out your plan and protect your estate in probate. You can also name backups for important roles.

• Name a personal representative to collect assets, pay bills, and follow your instructions.
• Designate a guardian for minor children, and name a conservator to manage their funds if needed.
• Direct gifts of real estate, bank accounts, vehicles, and personal items, and set aside cash gifts for loved ones or charities.

Michigan offers a statutory will form that fits simple cases. It is limited, often cannot set up trusts, and does not handle special needs or blended family goals very well. If your life has moving parts, a custom will or trust package usually works better.

Safeguarding Your Will

Signing a will is step one; keeping it safe is step two. Your personal representative needs the original in probate, so storage matters. Pick a spot that is secure and reachable.

• Store the original in a fireproof home safe or a firm’s vault, and keep a copy for your records.
• Tell your personal representative and at least one trusted person where the original sits and how to get it.
• File the will with the county probate court for a small fee, which helps your family locate it later.

A list of passwords, account details, and key contacts kept with your estate papers also helps. Keep that list updated, and do not attach it with staples or clips that could be seen as tampering.

Changing or Revoking a Will

Life shifts, so your will should keep pace. You can change your plan by signing a new will or by adding a codicil, which is a short amendment that follows the same signing rules. The same capacity and execution rules apply to any change.

You can revoke a will by physically destroying it with the intent to revoke, such as tearing or burning it. A new will that says it revokes all prior wills also works. Keep copies of old documents out of circulation to avoid mix-ups.

How Life Events Impact Your Will

Marriage, divorce, birth, or adoption can shape your plan in big ways. Michigan law often treats a former spouse as if they had passed away for will gifts after a divorce, and it provides shares for children who are born after a will is signed. Even with those guardrails, an update keeps your plan clear and personal.

Review your will after major moves, health changes, or new property. Joint accounts, beneficiary designations, and deeds can override a will, so make sure those align with your written wishes. A short checkup every couple of years goes a long way.

Facing Estate Planning Decisions? Contact Us

Our team has guided Michigan families for decades, and we are invested in Improving Lives through steady, practical estate planning. We care about plans that actually work when they are needed most.

If you want a will that meets Michigan law and reflects your goals, call 734-930-9200 in Ann Arbor or 231-427-2292 for our Petoskey office, or connect through our Contact Us page. We are ready to help you build a plan that fits your life and brings real peace of mind.