To make a valid will in Michigan, follow these key steps and requirements:
Eligibility
- You must be at least 18 years old.
- You must have sufficient mental capacity, meaning you understand that you are making a will, know what property you own, recognize your close relatives, and understand the effect of signing the will
Basic Legal Requirements
- The will must be in writing (typed, printed, or handwritten).
- It must be signed by you (the testator) or by someone else at your direction and in your conscious presence if you cannot sign yourself.
- The will must be signed by at least two witnesses who witness your signing or your acknowledgment of the will. These witnesses must sign within a reasonable time of witnessing the signing
- The witnesses should ideally be disinterested parties (not beneficiaries), although Michigan law does not invalidate a will if an interested party witnesses it
Creating the Will
- You can use a statutory will form provided by Michigan law, which is a fill-in-the-blanks format that limits how you distribute your property but is easy to prepare without a lawyer
- Alternatively, you can draft your own will from scratch, but be careful to follow legal requirements to avoid invalidation
- Online will creation platforms are available; however, the will must be printed out and signed in person with witnesses-Michigan does not currently recognize digital-only wills
Additional Considerations
- You can name a personal representative (executor) to manage your estate during probate.
- You can name guardians or conservators for minor children.
- The will does not affect jointly owned property or beneficiary designations on life insurance or retirement plans.
- The will does not need to be notarized, but notarization can make it "self-proving," which can simplify probate
Signing and Witnessing
- Sign your will in the presence of two witnesses.
- The witnesses must sign the will in your presence and in the presence of each other.
- Avoid making any handwritten changes to a printed statutory will form, as this may invalidate it, except for lists of personal property gifts which can be updated separately
Safekeeping
- Keep your will in a safe place and inform your personal representative or trusted individuals where it is stored.
- You may also file it with the local probate court for safekeeping for a small fee
By following these steps, you can create a valid will in Michigan that ensures your property is distributed according to your wishes after your death
