Michigan Personal Property List: How to Pass Down Family Heirlooms Without Probate Fights

Ask any Michigan probate attorney what causes the worst family fights after a death. The answer is almost never money. It is Grandma's wedding ring. Dad's deer rifle. The Pewabic tile fireplace tools. The dining room table that hosted 40 years of Thanksgivings. The sentimental items that nobody bothered to list specifically in the will. Michigan's Estates and Protected Individuals Code includes a simple, powerful, criminally underused tool to prevent these fights: a separate writing referenced by your will that gives specific items to specific people. The legal name is the "tangible personal property memorandum," authorized under MCL 700.2513. It is one page. It does not need to be notarized. You can update it any time without a lawyer. And it can settle 90 percent of the disputes that actually destroy families during probate. Most Michigan adults have never heard of it.

Why Heirlooms Cause the Biggest Probate Fights

Money is fungible. If three kids inherit $90,000, the math says each gets $30,000 and that is the end of it. Sentimental items are not fungible. There is exactly one of Grandma's ring. Exactly one of Dad's first hunting knife. Exactly one of the upright piano that everyone took lessons on.

When a will says "all my tangible personal property shall be divided equally among my children," what actually happens in Michigan probate:

1. The personal representative inventories the home and tries to organize a fair distribution.
2. Each child shows up assuming they will get the items that mean the most to them.
3. Two siblings both wanted the ring. One wanted it for their daughter; the other promised it to their granddaughter.
4. Someone gets accused of "taking" things from the house before the others arrived.
5. The probate court has no good way to resolve it. The personal representative either tries to negotiate, or the items get sold at estate sale and proceeds split.
6. Relationships break. Some of them never recover.

The amount of money at stake is usually small. The amount of family pain is huge. A 30-minute exercise during your life — listing who gets what specific item — prevents almost all of it.

What MCL 700.2513 Actually Says

Michigan's Estates and Protected Individuals Code, MCL 700.2513, authorizes a "separate writing" that disposes of tangible personal property without needing to be incorporated word-for-word into the will. The statute provides:

Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing must be either in the handwriting of, or signed by, the testator and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will.

Translated into plain English:

• You can have a separate piece of paper listing who gets what tangible personal property.
• The will just needs to mention the list exists.
• You can write the list before or after signing the will.
• You can change the list any time, as many times as you want.
• The list does NOT need witnesses or a notary -- just your signature or handwriting.
• The items and the recipients have to be described "with reasonable certainty."

What the List CAN Cover

The statute uses the phrase "tangible personal property." That is a defined term in Michigan probate law that includes physical items you can touch and move. Examples that work:

• Jewelry, watches, wedding rings
• Firearms (subject to applicable federal NFA rules for restricted items)
• Furniture: tables, chairs, beds, cabinets, antiques
• Artwork, photographs, framed prints
• Books, journals, family Bibles, scrapbooks
• China, silverware, crystal, serving pieces
• Quilts, linens, holiday decorations
• Tools, woodworking equipment, garage contents
• Collectibles: coins, stamps, sports memorabilia, vinyl records
• Musical instruments
• Vehicles, boats, ATVs (Michigan allows these even though they have titles)
• Sporting equipment, golf clubs, fishing tackle
• Holiday decorations, family ornaments
• Clothing, especially items with sentimental value (wedding dress, military uniform)
• Animals, pets, livestock

What the List CANNOT Cover

The statute specifically excludes money. Beyond that, anything that requires a formal title transfer or beneficiary designation needs to be handled in the will itself or via a beneficiary designation. The list cannot cover:

• Cash, money, bank accounts. The statute explicitly excludes "money." Use POD/TOD designations instead. (See our POD/TOD beneficiary guide.)
• Real estate. Land and homes need a deed or Lady Bird deed transfer.
• Stocks, bonds, mutual funds, retirement accounts. These need TOD designations or estate planning trust structures.
• Life insurance proceeds. Use the policy's beneficiary designation.
• Business interests, LLC memberships, partnership shares. These need operating-agreement-level transfer documents.
• Intellectual property (copyrights, trademarks, patents). These need formal assignment.
• Items already specifically devised in the will. If your will says "my piano to Sarah," the list cannot override that.

The list is for the physical, sentimental, "what's in the house" things. Everything else uses the standard estate planning tools.

The Four Legal Requirements

For the list to be enforceable in Michigan probate, four things have to be true:

1. The will must reference the list

Your will needs language like: "I may from time to time leave a written statement or list disposing of items of my tangible personal property not otherwise specifically devised by this will. To the extent such a statement or list exists at my death, I direct that the property described be distributed as set forth in that writing." Without this reference in the will, the separate writing has no legal effect.

The CreateMIWill Will Kit Michigan will template includes this reference language by default.

2. The list must be in your handwriting or signed by you

Michigan accepts two formats:

• Handwritten: The entire list is in your handwriting. Signature optional but recommended.
• Typed or printed: Must be signed by you at the end.

The signature does not need to be notarized. No witnesses are required.

3. Items must be described with reasonable certainty

Vague descriptions get litigated. Specific descriptions do not. Compare:

• BAD: "My ring" (which ring? The wedding band? The class ring? The mood ring from 1983?)
• BAD: "Some of my books to Sarah"
• GOOD: "My platinum wedding band engraved with 'EM 6-12-72' to my daughter Sarah Lynn Smith"
• GOOD: "All books in the bookshelf in the second-floor library, north wall, to Sarah Lynn Smith"

The rule of thumb: describe each item specifically enough that a stranger could find it in your home. If there could be two of something, distinguish them by location, engraving, color, or size.

4. Recipients must be described with reasonable certainty

"My oldest daughter" works if you only have one daughter. "Sarah" alone does not work if you have a daughter Sarah and a daughter-in-law Sarah. Use full legal names where there could be ambiguity. Include the relationship as a backup: "my daughter Sarah Lynn Smith." Avoid nicknames unless you also include the legal name.

How to Write the List

Here is the practical workflow:

1. Walk through your home with a notebook. Room by room. Write down items of sentimental value, items you have promised to specific people, items that are likely to cause disputes if not designated.
2. Decide who gets what. Talk to your kids if possible -- not to negotiate, but to understand what each one actually wants. People are often surprised by what items matter most to which kids.
3. Format the list clearly. Most Michigan estate planning attorneys recommend a simple two-column format: item description on the left, recipient on the right. Number each entry.
4. Add a header. "Memorandum of Tangible Personal Property of [Your Full Legal Name], pursuant to MCL 700.2513 and the [Date] Last Will and Testament of [Your Full Legal Name]."
5. Date the list. Include the full date you signed it. If you update later, the most recent dated list controls.
6. Sign at the end. Your full legal signature, same way you signed your will.
7. Store with your will. The list does no good if your family cannot find it. Keep the original list in the same place as your will, and tell your personal representative where it is.

Sample entries

Updating the List (No Attorney, No Notary)

This is what makes MCL 700.2513 so practical. You can update the list any time. Here is how to do it correctly:

Option A: Replace the whole list

1. Write a new list, dated today.
2. Sign it.
3. Destroy the old list (shred it, tear it up).
4. Store the new one with your will.

Option B: Amend the existing list

1. Strike through entries you want to change. Initial and date each strikethrough.
2. Add new entries at the bottom. Date and initial each addition.
3. Re-sign the bottom of the list with a new date.

Option A is cleaner and reduces the chance of dispute. Use it.

When to update

• Acquired or sold a significant item
• Birth, death, marriage, or divorce of a potential recipient
• A relationship has changed significantly
• You changed your mind about who gets what
• Annually, as a general review

Where to Keep It

The list does no good if your family cannot locate it after you die. Best practice:

• Keep the ORIGINAL signed list folded inside your original signed will, in the same envelope.
• Keep both in a fireproof home safe, or with your attorney, or in a safe deposit box that your personal representative can access.
• Make sure your personal representative knows where to find it.
• Photograph or scan a copy for your records. Mark the copy "COPY -- ORIGINAL HELD AT [location]" so nobody thinks the copy is the operative document.
• Do NOT store the only copy on a computer that requires a password your family does not know.

Mistakes That Make the List Worthless

The will does not reference the list

Without a clause in the will specifically allowing a separate writing under MCL 700.2513, the list has no legal effect. Most national online will templates miss this. Michigan-specific templates (including the CreateMIWill Will Kit) include it by default.

Vague descriptions

"My ring" or "Dad's car" gets litigated. Be specific.

Including money or accounts

The statute explicitly excludes money. Listing "my checking account at Chase" on the personal property list has no effect. Use POD/TOD designations for accounts.

Conflicting with the will

If the will already specifically devises an item ("my coin collection to my brother"), the list cannot override that. Make sure your will and your list do not list the same item to different people.

Unsigned typed list

A printed or typed list MUST be signed by you. An unsigned typed list has no legal effect. (Handwritten lists are valid even without signature if the handwriting itself is clearly yours, but signing is still strongly recommended.)

Multiple lists with no dates

If you create a new list but do not destroy the old one, and neither is dated, your family will not know which controls. Always date every list and destroy old versions.

Listing items that no longer exist

If you sold the platinum ring three years ago but your list still bequeaths it, the bequest fails. Update the list annually so it reflects what you actually own.

Storing only on a computer

If the list exists only on your laptop and nobody knows the password, it might as well not exist. Always have a signed paper original.

Frequently Asked Questions

Does Michigan require the list to be notarized?

No. MCL 700.2513 specifically does not require notarization or witnesses. Just your signature (for typed lists) or your handwriting throughout (for handwritten lists).

Can I update the list without telling my attorney?

Yes. That is the entire point of the separate writing. The whole reason MCL 700.2513 exists is to let you change distributions of tangible personal property without paying for a will amendment or codicil every time.

Does the same list work for a Michigan trust?

Yes. Michigan's separate-writing rules also apply to trusts. The trust document just needs the same reference language allowing a separate writing.

What if a recipient on the list dies before me?

Update the list. If you do not update before death, the item passes under your will's residuary clause (i.e., to whoever inherits "the rest").

Can I include conditions like "Sarah gets the ring if she has a daughter"?

Technically yes, but conditional gifts on a personal property list often get litigated. Use the list for clean, unconditional gifts. If you want conditional gifts, work with an attorney and put the language in a trust or codicil.

Are guns and firearms allowed on the list?

Generally yes for standard hunting firearms. Federal NFA-regulated items (suppressors, short-barreled rifles, machine guns) need additional procedures, often handled through a separate Michigan gun trust. (See our Michigan Gun Trust guide.)

Does the list need to be re-witnessed when I update it?

No. MCL 700.2513 specifically authorizes updates without re-execution. Your signature on the updated list is enough.

What about pets?

Pets are tangible personal property under Michigan law. You can absolutely list a pet on your personal property memorandum. For multi-year pet care arrangements, consider a Michigan Pet Trust instead. (See our Michigan Pet Trust guide.)

What happens if two of my kids both want the same item not on the list?

If the item is not on the list and not in the will, the personal representative is supposed to distribute the residuary tangible property equally. In practice, the personal representative facilitates a discussion or draw. This is exactly the situation the list is designed to prevent.

Get the Foundation in Place

The personal property memorandum is one of the highest-leverage, lowest-cost tools in Michigan estate planning. To use it, your will needs to reference it under MCL 700.2513. The CreateMIWill Will Kit Michigan will template includes that reference language by default -- and includes a sample personal property memorandum you can fill in over a Saturday morning.