To make a valid will in Michigan, you need to be at least 18 years old and of sound mind, put your wishes down in writing, sign the document yourself (or direct someone to sign for you), and have two witnesses sign it as well. Meet those requirements and Michigan courts will honor your will.
Michigan's rules for wills live in the Estates and Protected Individuals Code, known as EPIC. EPIC is fairly forgiving compared to some states. You do not need a lawyer to write a will, and you do not need to get it notarized for it to be valid, though notarizing helps later. For a broader look at planning beyond just the will, see our Michigan estate planning guide. Here is what the law actually requires, and how to walk through the process yourself.
Who Can Make a Will in Michigan
Under MCL 700.2501, any Michigan resident who is 18 or older and has sufficient mental capacity may make a will. That means you understand you are signing a document that distributes your property when you die, you have a general sense of what you own, and you know who your closest family members are. If you are planning a will for an aging parent or a loved one whose memory is slipping, capacity is worth discussing with a doctor and, if the estate is complicated, an attorney.
What Michigan Law Requires for a Valid Will
MCL 700.2502 lays out the formal requirements. A valid Michigan will must be:
In writing
Typed or handwritten, it does not matter, as long as the document exists on paper or in a qualifying electronic format.
Signed by the testator
You sign it yourself, or you direct someone else to sign it for you while you watch.
Witnessed by two people
Michigan requires two witnesses. You need to sign the will, or acknowledge to the witnesses that it is your signature and your will, while they are present. The witnesses then add their own signatures within a reasonable time after that. EPIC dropped the older rule that witnesses had to sign in front of each other, so the timing is a bit more flexible than in some states, but the core requirement of two witnesses still stands.
Does a Michigan Will Need to Be Notarized?
No. Notarization is not required to make a Michigan will valid. It matters for a different reason: making the will "self-proved." Under MCL 700.2504, you and your witnesses can sign a sworn statement in front of a notary at the same time you sign the will, or afterward. A self-proved will lets the probate court accept it without tracking down your witnesses to testify that they saw you sign. Michigan also allows a written statement made under penalty of perjury as an alternative to a notarized affidavit, which is a bit unusual and worth knowing about. Either way, it is one extra step now that saves your executor time later. Our guide on what a self-proving will is and whether you need one walks through the difference in more detail.
Are Handwritten (Holographic) Wills Valid in Michigan?
Yes, with conditions. Michigan is one of the states that recognizes a holographic will, meaning a will that is not witnessed at all. Under MCL 700.2502(2), a handwritten will is valid without witnesses if it is dated and if your signature and the material parts of the document, meaning who gets what, are in your own handwriting. That said, holographic wills are more likely to be challenged or misread, and courts sometimes struggle to interpret informal language written under stress. If you want a will that holds up cleanly, a witnessed will, ideally a self-proved one, is the safer route. See why handwritten wills carry extra risk before you rely on one.
How to Make a Will in Michigan: Step by Step
- Take inventory of your assets. List real estate, bank and retirement accounts, vehicles, and anything else of value. This tells you what your will actually needs to cover.
- Decide who inherits what. Name your beneficiaries and be specific about what each person or organization receives.
- Choose an executor. This is the person who carries out your instructions after you die. Name a backup in case your first choice cannot serve.
- Name a guardian for minor children, if you have any, along with an alternate.
- Add a residuary clause that covers any property you did not specifically list, so nothing gets left out.
- Draft the document. You can write it yourself, use a guided will-writing tool, or work with an attorney depending on how complex your estate is.
- Sign the will in front of two witnesses, both of whom should be adults with no stake in your estate.
- Have the witnesses sign within a reasonable time after they see you sign or acknowledge the will.
- Consider a self-proving affidavit by taking the will to a notary with your witnesses present.
- Store the original somewhere safe and tell your executor where to find it. A fireproof safe at home or a bank box both work, but make sure someone else knows the location.
What Happens After You Sign
A signed will is not something you file with the state while you are alive. It sits in storage until it is needed, at which point your executor typically opens a case in Michigan probate court to carry out your wishes. Understanding that process ahead of time helps your executor move faster. Our complete guide to how probate works covers what your family can expect. It is also worth revisiting your will after any major life change, a marriage, a divorce, a new child, a move out of state, so it keeps reflecting what you actually want.
Every estate is a little different, and if yours involves a business, a blended family, or a dependent with special needs, consider speaking with an attorney before you finalize anything.
Frequently Asked Questions
Do I need a lawyer to make a will in Michigan?
No. Michigan law does not require an attorney to draft or execute a will. Many people write a valid will on their own or with a guided service. More complex estates, blended families, or business ownership are situations where legal advice is worth the extra step.
How many witnesses does Michigan require for a will?
Two. Both witnesses must be present when you sign the will or when you acknowledge to them that it is your signature and your will.
Is a handwritten will valid in Michigan?
Yes, if it is dated and the signature and key provisions are in your own handwriting. It does not need witnesses to be valid, but it is more vulnerable to challenges than a formally witnessed will.
Does my Michigan will need to be notarized?
No, notarization is not required for validity. It is required if you want to make the will self-proving, which speeds up probate later.
Can I write my own will in Michigan without a lawyer's help?
Yes, as long as it meets the writing, signature, and witness requirements. Most people find it easier and less error-prone to start from a guided tool rather than drafting one entirely from a blank page.
Building Your Michigan Will
Getting the legal requirements right is only part of making a will that actually protects your family. FastWill walks Michigan residents through each step, from listing assets to naming an executor, so nothing gets missed along the way. Take a look at our will package to see how the process works from start to finish, including the option to make it self-proving before you're done.
