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Michigan law lets an adult with testamentary capacity make a will, but the document must meet legal requirements to be admitted to probate. A will can name beneficiaries and a personal representative, and nominate a guardian for minor children. It generally controls assets that pass through the probate estate, not property transferred by joint ownership or a beneficiary designation.
After a death, the will may be submitted to the probate court in the appropriate Michigan county. The court process may include admitting the will, appointing a personal representative, giving required notices, and distributing estate property. Some smaller estates may qualify for simplified procedures, depending on current statutory limits and the facts.
A lawyer who handles wills and estate planning can help make the document valid, coordinate it with property and beneficiary arrangements, and address family or business complications. A lawyer is not required for every will, but errors or unclear provisions can lead to disputes or delay.
You have a blended family or a second marriage. A lawyer can clarify who receives probate assets and help avoid unintended results under Michigan’s intestacy rules if part of the will fails.
You have minor children. A will can nominate a guardian, although the probate court makes the appointment based on the child’s best interests.
You own a business, farm, or real estate in more than one state. Coordinating ownership, succession plans, and probate proceedings may require careful drafting.
You want to provide for someone with a disability or a beneficiary who may need financial safeguards. A lawyer can assess how a bequest could affect that person’s circumstances and discuss suitable planning options.
You expect family disagreement or a possible challenge. Advice on signing formalities, capacity, and clear drafting can help document your intentions and reduce avoidable disputes.
Your assets have different ownership or beneficiary arrangements. A lawyer can review whether jointly owned property or account designations will pass outside the will and whether your overall plan is consistent.
Estates and Protected Individuals Code (EPIC), 1998 PA 386. EPIC took effect April 1, 2000, and governs wills, probate, and related estate matters. Its provisions have been amended over time.
Michigan Compiled Laws section 700.2502, “Execution; witnessed wills.” It generally requires the testator’s signature and signatures from at least two witnesses, subject to the statute’s rules for witnessing or acknowledging the will.
Michigan Compiled Laws section 700.2503, “Holographic will.” It permits a will without witnesses when its material portions are in the testator’s handwriting and the testator signs it, subject to statutory requirements.
A Michigan will does not generally need notarization to be valid. A properly completed self-proving affidavit can help establish the will without locating witnesses later.
No. Michigan law does not require a lawyer to prepare or sign a will. Legal advice can be valuable when family relationships, property ownership, business interests, or possible disputes make the plan more complicated.
Generally, a person must be at least 18 years old and of sound mind to make a will. Questions about capacity or undue influence may require advice specific to the person’s circumstances.
A witnessed will generally requires the testator’s signature and signatures from at least two witnesses. The witnesses must meet EPIC’s rules for witnessing the signing or the testator’s acknowledgment.
Michigan recognizes holographic wills if the material portions are in the testator’s handwriting and the testator signs the document. A handwritten will can still create uncertainty about intent, so legal review may help prevent problems.
Notarization is generally not required for a will’s validity. A notary may be used for a self-proving affidavit, which can simplify proof of the will after death.
A personal representative is the person appointed to administer a decedent’s probate estate. A will can nominate someone for the role, but the probate court makes the appointment.
No. A will directs the distribution of assets that are part of the probate estate, but it does not by itself avoid probate. Property passing through joint ownership or a beneficiary designation may transfer outside the will.
There is no single statewide fee for preparing a will. Ask whether the lawyer charges a flat fee or hourly rate, what drafting and revisions include, and whether the quoted amount covers related documents.
A straightforward will may be prepared relatively quickly once the lawyer has the necessary information. Complex assets, family questions, or revisions can extend the process, so ask for an estimate after the initial review.
Generally, you can change or revoke a will while you have the required capacity. Michigan law sets requirements for making a new will or otherwise revoking one, so avoid informal changes that may not be legally effective.
Michigan’s intestacy laws determine which relatives inherit probate assets when a person dies without a valid will. The result depends on the surviving family members and other circumstances, and may not match the person’s wishes.
A Michigan will may address a person’s property, but real estate in another state can involve that state’s law and a separate probate proceeding. A lawyer can assess the property’s ownership and whether coordinated planning is needed.
Michigan Courts. Provides court information, probate forms, and resources for understanding Michigan court procedures.
County probate court. The probate court serving the relevant county handles estate proceedings, including applications concerning wills and personal representatives.
State Bar of Michigan. Offers public legal information and lawyer referral resources that can help locate an attorney who handles wills and estate planning.
List your goals and concerns. Note who you want to inherit, who could serve as personal representative, and any questions about children, property, or family circumstances. Allow a few days to gather your thoughts.
Collect a basic asset and ownership summary. Include real estate, accounts, business interests, existing beneficiary designations, and any prior wills. You do not need to send sensitive account details before confirming the lawyer’s secure intake process.
Search for lawyers who handle Michigan wills and estate planning. Use the State Bar of Michigan’s referral resources or ask trusted professionals for names. Confirm that the lawyer regularly works with Michigan probate and estate-planning matters.
Arrange consultations with one or more candidates. Ask about their experience with situations like yours, who will prepare the documents, and how questions and revisions are handled. Scheduling may take several days, depending on availability.
Compare fees and scope before hiring. Request the fee structure in writing and confirm which documents, meetings, revisions, and signing guidance are included. Ask about additional charges before agreeing to proceed.
Review the draft carefully and complete signing formalities. Check names, beneficiaries, and other important instructions, then follow the lawyer’s directions for witnesses and any self-proving affidavit. Keep the signed original in a secure, accessible place and tell the appropriate person where it is stored.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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