Michigan probate courts see rejected wills every week. The problem isn't complicated legal doctrine - it's simple execution mistakes that make a will fail before anyone even reads what it says. Under Michigan MCL 700.2502, wills must meet formal execution requirements. Miss one and your kids inherit under Michigan intestacy law instead of your written wishes. This guide covers the 12 most common Michigan will mistakes DIY estate planners make - and exactly how to avoid each one. Plain English, 2026-current Michigan law, and specific practical fixes.
The 30-Second Version
The top three Michigan will voiders:
- Wrong witnesses - fewer than 2, or witnesses who inherit under the will
- Signing not "in the presence of" - each witness must actually observe the signing
- Damaged or lost original - Michigan requires the original will for probate
Fix these three and you eliminate 70% of Michigan will failures. This article covers those plus nine more common problems.
Mistake #1: Only One Witness (Michigan Requires Two)
Michigan MCL 700.2502(1) requires exactly two competent witnesses for a valid non-holographic will. Handwritten (holographic) wills under MCL 700.2502(2) can be witness-free, but that's a separate rule.
What Happens If Only 1 Witness
- The will fails formal execution
- Probate court will reject it
- Estate passes under intestacy (see our Michigan intestacy guide)
The Fix
- Get 2 witnesses present at signing
- Both watch you sign, then both sign in your presence
- Ask your CreateMIWill Will Kit for the specific signing-ceremony script
Mistake #2: Using Witnesses Who Inherit Under the Will
Michigan MCL 700.2505(2) declares any bequest to an interested witness (a witness who receives a gift under the will) void unless there are 2 other disinterested witnesses OR the interested witness would have taken the same or larger share under intestacy.
Common Version
You ask your daughter and her husband to witness your will. Your daughter is a beneficiary. Result: her gift is subject to challenge. In practice, courts often uphold it because 2 other witnesses could have signed, but the will invites litigation you should skip.
The Fix
- Use 2 non-beneficiaries as witnesses (neighbors, coworkers, friends outside the will)
- Avoid family members entirely as witnesses
- Avoid spouses of beneficiaries
Mistake #3: Signing Not "In the Presence of" Witnesses
MCL 700.2502(1) requires the testator to sign in the "conscious presence" of witnesses and witnesses to sign in the testator's conscious presence. Simply mailing the will to someone to sign later, or signing it in the kitchen while witnesses wait in the living room out of sight, breaks the presence rule.
The Fix
- Same room, same time, same table
- Each person can visually observe the others signing
- Sign one after another in a single sitting
- See our signing ceremony guide
Mistake #4: Digital-Only or Unprinted Will
Michigan does NOT currently accept electronic wills under MCL 700.2502. Digital wills (typed but only stored digitally, or signed electronically) are void as of 2026. Michigan considered an electronic wills bill in 2023-2024 but has not enacted one.
What Voids the Will
- Electronic signatures (DocuSign, HelloSign)
- Video wills
- Storing only a PDF, never printed and signed by hand
- Ink signatures on a screen using stylus
The Fix
- Print the will on physical paper
- Sign with a pen
- Witnesses sign with pens
- See our online Michigan will guide
Mistake #5: Out-of-State Will Template
Michigan will law differs from many neighboring states in specific ways:
- Michigan MCL 700.5506 Patient Advocate vs. Ohio "healthcare power of attorney"
- Michigan MCL 700.7813 trust beneficiary reporting
- Michigan MCL 700.2402-2404 spousal allowances
- Michigan MCL 700.2807 automatic divorce revocation (with ERISA carveouts)
- Michigan Lady Bird deed recognition (unique in the Midwest)
Common Wrong-State Symptom
A generic national template that references "state statutes" without specifying Michigan and defaults to notarization without witnesses - Michigan requires both.
The Fix
- Use a Michigan-specific template
- Verify MCL statute references
- Check that Patient Advocate language matches MCL 700.5506-5515
- See our Michigan will price comparison
Mistake #6: Missing Self-Proving Affidavit
Michigan MCL 700.2504 provides an optional self-proving affidavit that eliminates the need for witness testimony at probate. Without it, your executor must locate 1 witness to appear at probate court and testify to the signing - years or decades later.
What Happens Without the Affidavit
- Executor must find surviving witnesses (may have moved, died, or forgotten)
- Probate delays of weeks or months
- Legal costs to depose witnesses
The Fix
- Add MCL 700.2504-compliant self-proving affidavit
- Sign in front of a notary along with your 2 witnesses
- All 4 signatures on the affidavit (testator + 2 witnesses + notary)
- CreateMIWill Will Kit includes this by default
Mistake #7: Out-of-State Executor Without Bond
Michigan allows out-of-state executors under MCL 700.3610 but requires them to either post a bond or have the bond waived in the will.
Common Problem
You name your son in Florida as executor without bond-waiver language in the will. Michigan probate court requires a bond, which costs 0.5-1% of the estate value per year until closed. On a $500,000 estate, that's $2,500-$5,000/year.
The Fix
- Add explicit bond-waiver language: "No fiduciary bond shall be required of my Personal Representative"
- Consider a Michigan resident co-executor to simplify
- See our executor duties guide
Mistake #8: Specific Gifts of Assets You No Longer Own (Ademption)
Michigan follows the "identity" rule of ademption - if you leave "my 2015 Ford F-150 to my brother" and you sell the truck before you die, the brother gets nothing under Michigan MCL 700.2606.
Common Problem Cases
- Specific real estate later sold
- Named bank accounts closed and reopened
- Vehicles traded in
- Business interests sold
The Fix
- Use residuary clauses ("all my personal property to X") for tangible items
- Reference categories not specific items ("my primary residence" not "123 Main Street")
- Include a "substitute gift" clause for major items
- Update your will after major asset changes (see our when to update guide)
Mistake #9: Not Updating After Divorce
Michigan MCL 700.2807 automatically revokes gifts to a former spouse in a will after divorce. Sounds like a fix - but it's a partial fix. The statute does NOT revoke gifts to former in-laws or beneficiary designations on ERISA plans (401(k), employer life insurance).
Post-Divorce Problems
- Ex-wife listed as 401(k) primary beneficiary - still valid
- Ex-husband as life insurance beneficiary - still valid
- Former mother-in-law named as trustee - still valid
- Contingent gifts to ex-spouse's children (step-kids) - unclear
The Fix
- Update ALL beneficiary forms 401(k), IRA, pension, life insurance
- Draft a new will explicitly revoking prior versions
- Review Michigan Patient Advocate Designation
- See our post-divorce guide and retirement beneficiary rules
Mistake #10: Ignoring Michigan Spousal Elective Share
Michigan MCL 700.2202 gives a surviving spouse the right to elect against the will - taking a defined share of the estate regardless of what the will says.
Michigan Elective Share (2026)
- Half of the sum the surviving spouse would have received under intestacy, LESS half of the value of all inter vivos property transferred to the surviving spouse
- Applies to Michigan domiciled decedents
- Election must be made within 63 days of will admission to probate
- See our Michigan elective share guide
The Fix
- Don't assume you can leave a spouse $0 with a will
- Consider trust planning to reduce estate assets
- Include a spousal waiver if one is required (rare, needs attorney)
Mistake #11: Trying to Disinherit Spouse Without Workaround
Related to #10 - Michigan spouses have statutory rights. Simply writing "I leave my spouse $0" doesn't work.
Legitimate Reasons People Try
- Late-in-life marriage with pre-existing kids
- Second marriage after significant asset accumulation
- Estranged but not divorced
The Fix
- Prenuptial or postnuptial agreement waiving elective share
- Beneficiary designations directly on retirement/life insurance accounts
- Irrevocable trusts funded during life
- Consider full divorce if truly estranged
- See our Michigan disinheritance guide
Mistake #12: Physical Will Damaged or Lost
Michigan probate courts require the ORIGINAL will under MCL 700.3402. A photocopy is generally insufficient without evidence explaining why the original is missing.
Common Loss Scenarios
- Water damage
- Fire
- Storage box misplaced
- Executor cannot find it
- Bank safe deposit box sealed at death
The Fix
- Store in fireproof/waterproof safe at home
- Do NOT store in bank safe deposit box (see our safe deposit box guide and will storage guide)
- Give executor exact location instructions
- Consider Michigan Probate Court will deposit (some counties allow)
- Keep copies with location statement (originals control)
Frequently Asked Questions
Can a Michigan will be typed on a computer and printed?
Yes - as long as it's printed on paper AND signed in ink by the testator AND signed by 2 witnesses in the testator's conscious presence. Simply typing and printing without proper signing is not enough.
Are handwritten wills valid in Michigan?
Yes under MCL 700.2502(2) if entirely in the testator's handwriting and signed. But handwritten wills have a 15-25% probate failure rate. See our Michigan holographic will guide.
Does a Michigan will need to be notarized?
No - notarization is only required for the OPTIONAL self-proving affidavit. The will itself needs 2 witnesses, not a notary. But adding a self-proving affidavit is highly recommended.
What if my witnesses can't be found at probate?
If you have a self-proving affidavit under MCL 700.2504, witnesses do not need to appear. Without one, your executor must find surviving witnesses or use their absence as evidence.
Can my spouse serve as a witness to my will?
Legally yes if spouse is not a beneficiary, but if spouse is your primary beneficiary (which is typical), MCL 700.2505 makes them an interested witness. Use non-beneficiaries instead.
What if I sign my will but forget the date?
Michigan does not require a date, but courts strongly prefer it. Multiple undated wills create confusion about which is most recent. Always date your will.
Can I sign my Michigan will under duress and revoke it later?
A will signed under duress is void, but proving duress at probate requires evidence. If you feel pressured to sign, don't sign. Wait until pressure subsides.
How often should I check my Michigan will for these mistakes?
Review every 3-5 years and after major life events (marriage, divorce, birth, death of beneficiary, moved to Michigan from another state, sold or bought major assets). See our Michigan estate plan update guide.
Does the Michigan State Bar have a template I can use?
No official state template exists. Michigan MCL statutes define requirements but the drafting is up to the testator or their attorney. Attorney-drafted templates like CreateMIWill's are one option.
How much does fixing a defective Michigan will cost?
Prevention beats litigation. A CreateMIWill $89 Will Kit is dramatically cheaper than $8,000-$25,000 in probate litigation over a defective will.
Avoid All 12 Mistakes with a Michigan-Specific Will
The CreateMIWill Will Kit ($89) was drafted specifically to avoid every mistake on this list - 2-witness compliance, self-proving affidavit, bond waiver, ademption-resistant residuary clauses, Michigan-specific spousal language, and clear signing-ceremony instructions. Same legal validity as $2,500 attorney work at a fraction of the cost.
Michigan Attorney-Drafted, Every Mistake Avoided
Attorney-drafted Michigan will template with MCL 700.2504 self-proving affidavit, MCL 700.3610 bond waiver, MCL 700.2807 divorce-safe language, Michigan witness requirements, and a step-by-step signing ceremony script. Plain-English 17-page instruction guide included.