Last Will And Testament requirements in Michigan
- You must be at least 18 years old.
- You must be of sound mind, meaning you understand what a will is and what you own.
- The will must be in writing (typed or printed).
- Your signature must be at the end of the document.
- You must sign in the presence of at least two witnesses.
- Your witnesses must be at least 18 years old and sign the will in your presence.
How to create a Last Will And Testament in Michigan
- List your assets and decide who should inherit them, including backup beneficiaries.
- Choose an executor—a person you trust to manage your estate and carry out your wishes.
- Write your will clearly, using a do-it-yourself template or software that complies with Michigan law.
- Print your will and sign it in the presence of two witnesses, who must also sign.
- Optionally, notarize your will to make it 'self-proving,' which speeds up probate.
- Store your will in a safe place and tell your executor where it is.
What a Last Will And Testament typically costs
Creating a will in Michigan can cost as little as $0 for a DIY template, but professionally drafted wills typically range from $200 to $1,500. Online services cost between $50 and $150. Probate court fees are separate and are based on the estate's value.
Start your Michigan last will and testament today to protect your family's future with confidence.
Create your last will and testamentBefore You Begin: Michigan Will Checklist
Creating a valid will in Michigan requires specific steps. Use this checklist to prepare and avoid common pitfalls.
- Check your age and mental capacity: You must be at least 18 and of sound mind.
- Decide on witnesses: Michigan requires two witnesses, both present when you sign.
- Choose your beneficiaries and executor—list them with full names and relationships.
- Detail your assets and debts, including property, bank accounts, and digital assets.
- Sign in the presence of witnesses; notarization is not required but is recommended to simplify probate.
- Store your will in a safe place and tell your executor where it is; consider filing with the probate court for safekeeping.
Frequently asked questions
Do I need a lawyer to write a will in Michigan?
No, you can write your own will as long as it meets Michigan's legal requirements. However, if your estate is complex, or you have specific concerns, consulting an attorney might be wise.
What happens if I die without a will in Michigan?
Michigan's intestacy laws will determine how your assets are distributed, usually to your spouse and closest relatives. This may not match your wishes, and the process can be more time-consuming.
Can I use a living will instead of a last will and testament?
A living will is for healthcare decisions, not property distribution. They are different. A last will and testament handles your assets, guardianship of children, and executor nomination. You can have both.
Do witnesses have to be notarized in Michigan?
Notarization is not required, but if you and your witnesses sign an affidavit before a notary, your will becomes 'self-proving.' This means the court can accept it without contacting your witnesses later.