How to Create a Will in Michigan: Complete 2026 Guide

If you're a Michigan resident who hasn't created a will yet, you're far from alone — and you're not out of time. Creating a legally valid will in Michigan is simpler than most people expect. But getting the details right matters. A will with even minor technical errors can be challenged in probate court, leaving your family in a difficult and expensive position.

This guide covers everything you need to know: what Michigan law requires, what to include, what to avoid, and how to get it done without spending thousands on an attorney visit.

Why Michigan Residents Need a Will

A will — formally called a "Last Will and Testament" — is a legal document that records your wishes for how your property should be distributed after you die and, critically, who should raise your minor children if something happens to you.

Without a will, Michigan's intestacy laws (MCL 700.2101 and following) make those decisions for you. The state follows a rigid formula that doesn't account for your actual relationships or intentions. An unmarried partner receives nothing under Michigan intestacy law. A child from a previous relationship may receive a smaller share than you intended. A sibling you're estranged from might inherit alongside a sibling you're close to.

Beyond distribution, a will lets you:

• Name an executor — the person responsible for settling your estate
• Designate a guardian for minor children — perhaps the single most important reason for young parents to have a will
• Leave specific gifts — a family heirloom to one child, a cash gift to a charity, your car to a nephew
• Simplify the probate process — especially when combined with a self-proving affidavit

The question isn't really whether you need a will. It's how soon you'll make one.

Michigan Legal Requirements for a Valid Will

Michigan's will requirements are governed by the Estates and Protected Individuals Code (EPIC), specifically MCL 700.2502. The requirements are straightforward:

Requirement 1: The Will Must Be in Writing

Michigan does not recognize oral ("nuncupative") wills. Your will must be a physical written document. It can be typed or handwritten (more on handwritten wills below), but it must exist as a tangible document.

Requirement 2: Signed by the Testator

You must sign the will yourself. "Testator" is just the legal term for the person making the will. If you are physically unable to sign, Michigan law allows another person to sign on your behalf — but only if you are consciously present and specifically direct them to do so. Your signature should appear at the end of the will.

Requirement 3: Two Witnesses

Two witnesses must sign the will. They must sign "within a reasonable time" after either (a) watching you sign or (b) hearing you acknowledge that the signature on the document is yours or that the document is your will. The witnesses do not need to sign in each other's presence, but they each must witness the testator's signature or acknowledgment.

There is no explicit requirement in Michigan that witnesses be "disinterested" (i.e., not beneficiaries under the will), but naming a beneficiary as a witness creates complications and potential challenges. Best practice: choose two witnesses who receive nothing under the will.

The Self-Proving Affidavit — and Why It Matters

A self-proving affidavit is a separate document, signed by you and your witnesses before a notary public, that essentially "pre-authenticates" your will for probate court purposes.

With a self-proving affidavit, the court accepts the will without requiring witness testimony. This matters because:

• Witnesses move, become ill, or pass away in the years between signing and probate
• Locating witnesses can delay the probate process significantly
• Witness testimony disputes can create openings for will contests

The self-proving affidavit is a simple one-page document. You sign it along with your will at the same time, before a notary. Our Michigan Will Kit includes a properly drafted self-proving affidavit template ready to complete.

What to Include in Your Michigan Will

Beyond the legal requirements, a well-drafted will addresses several key topics. Here's what to think through before you sit down to fill one out:

Name Your Executor (Personal Representative)

The executor — called a "personal representative" in Michigan — is the person who administers your estate after you die. They collect assets, pay debts, file final tax returns, and distribute property to beneficiaries. Choose someone organized, trustworthy, and ideally local. Name a backup in case your first choice is unwilling or unable to serve.

Name Your Beneficiaries

Beneficiaries are the people and organizations who receive your property. Be specific: use full legal names, describe relationships, and consider what happens if a beneficiary predeceases you (this is where "per stirpes" language becomes important — it passes a deceased beneficiary's share to their descendants).

Name a Guardian for Minor Children

If you have children under 18, nominating a guardian is arguably the most important thing your will does. Without your nomination, a court decides who raises your children — and their choice may not match yours. Name both a guardian of the person (who raises them) and a guardian of the property (who manages their inheritance), and consider whether these should be the same person.

Specific Bequests

Beyond the residue of your estate, you can leave specific gifts: a particular piece of jewelry to a daughter, a set of tools to a son, a charitable donation from your estate. Be precise in identifying the item and the recipient.

The Residuary Clause

After specific bequests, the "residue" is everything left over. Your will should name who gets the residue — typically a spouse, children, or combination. Don't neglect this clause; an estate without one can create unintended results.

Holographic (Handwritten) Wills in Michigan

Michigan law recognizes holographic wills — wills entirely written in the testator's own handwriting and signed by the testator, without witnesses.

A holographic will can be a valid last resort. But in practice, they create problems:

• Authenticity disputes. Without witnesses, there's no one to confirm you wrote and signed it. Challenges are more common.
• Ambiguity. Handwritten documents often use casual language that can be difficult to interpret legally.
• Missing provisions. Most people writing by hand don't know to include an executor clause, a residuary clause, or proper disposition language.
• No self-proving affidavit. Holographic wills cannot be self-proved, so the court will need evidence of authenticity.

If you write a holographic will as a temporary measure, replace it with a properly witnessed, typed will as soon as possible.

Common Mistakes That Invalidate Wills (or Create Problems)

Not Updating After Divorce

This is the most consequential mistake Michigan residents make. If you get divorced after signing your will, Michigan law automatically revokes any provisions benefiting your ex-spouse and their relatives.

Note, however, that MCL 700.2807 applies to wills and probate assets — it does not automatically update beneficiary designations on retirement accounts, life insurance, or other non-probate assets. Those require separate action.

Insufficient Witnesses

One witness instead of two renders the will invalid as a formal will (though it may survive as a holographic will if entirely handwritten). Both witnesses must sign — not just observe.

Witnessing Your Own Will

You cannot serve as a witness to your own will. Your witnesses must be other people who observe your signing.

Vague or Contradictory Language

"I leave my jewelry to my daughters equally" sounds clear until one daughter has passed away and the other claims both pieces. Specific, unambiguous language and proper legal drafting prevent these disputes.

Forgetting to Update After Major Life Events

Marriage, divorce, having children, acquiring significant assets, moving out of state — any of these should trigger a will review. A will written before you had children that doesn't mention them creates a risk of "pretermitted heir" claims under Michigan law.

DIY vs. Attorney vs. Document Kits: An Honest Comparison

For the vast majority of Michigan families — married couples with children, single individuals with clear beneficiaries, straightforward assets — an attorney-drafted template kit provides the legal quality of a professionally prepared will at a fraction of the cost.

Where an attorney becomes essential: blended families with complicated inheritance dynamics, estates with significant business interests, tax planning for larger estates, or situations where you anticipate will challenges.