How to Make a Will in Michigan: Requirements, Witnesses, and Common Mistakes

Making a will in Michigan is simpler than most people assume. The Estates and Protected Individuals Code (EPIC) sets clear requirements — meet them, and your will is legally valid whether you drafted it yourself or paid an attorney $2,000. Miss one, and your family faces months of probate complications.

Here are the exact requirements, the execution steps, and the mistakes that void Michigan wills.

Michigan Will Requirements Under EPIC

MCL 700.2502 sets four requirements for a valid Michigan will:

1. Age: You must be at least 18 years old
2. Capacity: You must be of "sound mind" — meaning you understand what assets you own, who your natural heirs are, and the legal effect of signing a will
3. Writing: The will must be in writing (typed or handwritten — Michigan recognizes holographic wills under MCL 700.2502(2))
4. Witnesses: Two individuals must witness your signing (or your acknowledgment of a prior signature)

That's it. Michigan does not require notarization for a will to be valid. However, a self-proving affidavit (signed before a notary) eliminates the need to locate witnesses during probate — a significant practical advantage.

Step-by-Step: Executing Your Michigan Will

Step 1: Draft the Content

Your will should include:

• Personal representative appointment — Michigan's term for executor. Name a primary and successor. Under MCL 700.3203, the court follows your nomination unless the person is disqualified (under 18, adjudicated legally incapacitated, or convicted of a felony involving dishonesty)
• Guardian nomination for minor children — under MCL 700.5202, parents must name a guardian in the will. Without this, the probate court appoints one based on statutory priority, not your preference
• Asset distribution — specific bequests (the lake house to your daughter), general bequests (equal shares of the remainder), and contingent beneficiaries if someone predeceases you
• Digital asset authorization — language under the Michigan Fiduciary Access to Digital Assets Act (Act 59 of 2016) authorizing your personal representative to access online accounts
• Residuary clause — catches anything not specifically addressed

Step 2: Arrange Witnesses

Michigan requires two witnesses who:

• Are at least 18 years old
• Watch you sign the will (or watch you acknowledge a signature you already made)
• Sign the will themselves within a reasonable time of watching you sign

Who can be a witness? Technically, anyone — including beneficiaries. Under MCL 700.2505, an interested witness does not invalidate a Michigan will. However, using disinterested witnesses (people who don't inherit under the will) eliminates one common ground for challenges.

Who cannot be a witness? There's no statutory disqualification, but practical sense says avoid your spouse, children, or anyone named in the will. If a contest arises, disinterested witnesses are far more credible.

Step 3: Sign the Will

Sign the will in the presence of both witnesses. The witnesses then sign below your signature. The signing doesn't require any special location — your kitchen table works as well as a law office.

Step 4: Attach a Self-Proving Affidavit

This optional but strongly recommended step involves you and both witnesses signing a sworn statement before a notary public under MCL 700.2504. The affidavit certifies under penalty of perjury that:

• You signed willingly
• You were of sound mind
• The witnesses observed your signing

With a self-proving affidavit, the probate court accepts the will without requiring witnesses to appear and testify. Given that probate can take 6 to 24 months to open in Michigan, locating witnesses months or years after signing can be difficult or impossible if they've moved, become incapacitated, or died.

Handwritten (Holographic) Wills

Michigan recognizes holographic wills under MCL 700.2502(2). The material provisions and signature must be in the testator's handwriting. No witnesses are required.

The problem: holographic wills are the most frequently contested type. Disputes over what constitutes "material provisions," whether the handwriting is genuine, and whether the testator had capacity create expensive litigation. Courts regularly hear cases where a handwritten note on a napkin, a letter, or a marked-up document is claimed as a will.

A holographic will is better than no will — but it should be a stopgap measure replaced by a properly witnessed will as soon as practical.

Mistakes That Invalidate or Complicate Michigan Wills

Only one witness. Two are required. A will signed with one witness is invalid unless it qualifies as a holographic will (entirely handwritten).

Witnesses who didn't actually watch you sign. "I'll just have them sign later" doesn't satisfy the statutory requirement. Witnesses must observe the signing or acknowledge a prior signature.

No residuary clause. If you make specific bequests but don't address "everything else," unlisted assets fall into intestacy — distributed under MCL 700.2101-2114, not your wishes.

Outdated beneficiary designations. Your will only controls probate assets. If your 401(k) still names your ex-spouse as beneficiary, the 401(k) goes to them regardless of what your will says. Michigan's automatic revocation under MCL 700.2807 covers wills and revocable trusts but does not override ERISA-governed retirement accounts.

No contingent beneficiaries. If a named beneficiary predeceases you and you haven't named an alternative, that bequest may lapse — sending the asset into the residuary estate or intestacy.

Updating Your Will

Michigan allows codicils (formal amendments) or complete replacements. A new will should include a revocation clause stating it revokes all prior wills and codicils. The same execution requirements apply — writing, signature, two witnesses.

Life events that should trigger an update: marriage, divorce, birth of a child, death of a named beneficiary, significant asset changes (buying or selling real estate), or moving to Michigan from another state.

The Michigan Basic Estate Planning Kit covers will drafting, execution, and the full non-probate transfer strategy that keeps your will as a safety net rather than your family's primary path through probate court.

See more Michigan guides →