How to Write a Will in Michigan

Here's what I see constantly: someone writes a heartfelt, detailed document laying out exactly who gets what. They sign it. They even have a family member sign as a witness. And then they die — and probate court throws the whole thing out because their witness was also a beneficiary named in the document.

That's the mistake. In Michigan, a witness who is also a beneficiary creates what's called an "interested witness" problem. Under Michigan's Estates and Protected Individuals Code (EPIC), MCL 700.2505, the will itself may survive, but the interested witness could forfeit their bequest. Families fight about this. Legal fees accumulate. The gift the person intended disappears into litigation costs.

Avoiding this single error requires knowing the rule before you pick up a pen. The rest of what follows builds on that foundation — the formal requirements, the common scenarios where those requirements trip people up, and the honest cost breakdown for doing this right.

This is general information, not legal advice. Laws vary by state, and your specific situation may require consultation with a licensed Michigan estate planning attorney.

Michigan follows what's called a "formal will" standard for most purposes. The general principle: a will is a witnessed, signed document that meets statutory minimums. Here's what the statute actually requires.

• Age: You must be at least 18 years old (or legally emancipated).
• Mental capacity: You must be of "sound mind" — meaning you understand the nature and extent of your property, who your natural heirs are, and what signing a will means.
• Signature: You must sign the will yourself, or direct someone else to sign in your presence if you're physically unable.
• Two witnesses: At least two witnesses must sign the will in your presence and in each other's presence, and neither should be a beneficiary named in the document.
• Writing: The will must be in writing — typed or handwritten. Voice recordings and video wills are not valid in Michigan.

One thing most articles don't mention: Michigan does recognize holographic wills — entirely handwritten and signed by you, with no witnesses required. That sounds like a shortcut. But holographic wills are only valid if the material portions (who gets what, identification of property) are in the testator's own handwriting. Print a form and handwrite the names? That's not holographic. A court could reject it. Every time I've seen this go wrong, it's because someone mixed a printed template with handwritten additions and assumed it counted as holographic.

Michigan does not require notarization to make a will valid. However, having your will notarized — along with a "self-proving affidavit" signed by you and your witnesses before a notary — means your witnesses won't need to appear in probate court after you die to verify their signatures. Worth the extra 20 minutes.

• Age: You must be at least 18 years old (or legally emancipated).
• Mental capacity: You must be of "sound mind" — meaning you understand the nature and extent of your property, who your natural heirs are, and what signing a will means.
• Signature: You must sign the will yourself, or direct someone else to sign in your presence if you're physically unable.
• Two witnesses: At least two witnesses must sign the will in your presence and in each other's presence, and neither should be a beneficiary named in the document.
• Writing: The will must be in writing — typed or handwritten. Voice recordings and video wills are not valid in Michigan.

General rules only get you so far. Here's how those requirements play out across the situations I see most often.

Scenario 1: Married couple with young children. A couple in Grand Rapids drafts mirror wills leaving everything to each other, then to their kids if the spouse predeceases them. Straightforward — until they forget to name a guardian for minor children. Michigan allows you to nominate a guardian in your will under MCL 700.5202. Without that nomination, a probate judge decides. The nomination isn't binding on the court, but it carries significant weight. Don't skip it.

Scenario 2: Blended families. This is where wills in Michigan generate the most contested probate cases. A man remarries and updates his will to include his new spouse but forgets to explicitly address children from a prior marriage. Michigan's "omitted child" statutes (MCL 700.2302) can provide protection in some cases — but only if the omission appears unintentional and the child was born or adopted after the will was executed. Children who existed before the will was signed get no automatic protection. Be explicit. Name every person you intend to include or exclude.

Scenario 3: Leaving property to a non-citizen spouse. Federal estate tax law limits the marital deduction for non-citizen spouses. A will that leaves a large estate outright to a non-citizen spouse can trigger federal estate taxes that a properly drafted Qualified Domestic Trust (QDOT) would have deferred. This is exactly where DIY wills break down — the form doesn't ask the right questions.

Clients who come to me after trying a generic online will always say the same thing: "It seemed fine until we looked at our actual situation." The form didn't know they had a rental property in another state, or a child with special needs who'd lose government benefits if they inherited directly.

Cost is usually the reason people try to write a will in Michigan without an attorney. That's a legitimate concern. Here's what the numbers actually look like — and why they vary.

Online DIY services (LegalZoom, Trust & Will, Rocket Lawyer) run $20–$150 for a basic will. They're template-based, which means they work fine for straightforward estates: one spouse, biological children, no business interests, no property in multiple states. They don't work well for anything complicated — and the problem is that most people underestimate how complicated their situation actually is.

Michigan estate planning attorneys typically charge $300–$800 for a simple will, and $800–$1,500 or more for a full estate plan that includes a will, durable power of attorney, healthcare proxy, and possibly a revocable living trust. Flat fees are common in estate planning — ask upfront. Hourly billing for will drafting is a red flag unless the estate is genuinely complex.

Here's what most cost comparisons don't tell you: the cost of a contested probate in Michigan starts around $3,000–$5,000 in attorney fees and can run well into five figures for disputed estates. A $400 attorney-drafted will that holds up in court is not the same product as a $29 online form. The price difference isn't profit margin — it's expertise and liability.

Michigan operates under the Estates and Protected Individuals Code (EPIC), which took effect in 2000 and aligns Michigan closely with the Uniform Probate Code. That alignment matters because Michigan's probate process is more streamlined than many states — but it still has quirks.

Small estate affidavit: If your total probate estate is under $25,000 (as of current Michigan thresholds), heirs may be able to skip formal probate entirely using a small estate affidavit. A will is still useful for expressing your wishes, but probate may not be required. This changes the calculus for younger people with modest assets.

Pour-over wills and trusts: Many Michigan residents pair a will with a revocable living trust. The will "pours" any assets not already in the trust into it upon death. This is common precisely because it avoids probate for most assets. The trust document controls distribution — the will is a backup. If you have a trust, your will still needs to meet all the same formal requirements. A trust doesn't replace the will; they work together.

Quick note on property ownership: assets held in joint tenancy with right of survivorship, accounts with named beneficiaries (like IRAs or life insurance), and payable-on-death accounts all pass outside your will entirely. A well-drafted will can be completely undermined by a 20-year-old beneficiary designation you forgot to update after a divorce. The Consumer Financial Protection Bureau has documented how outdated beneficiary designations cause significant asset distribution disputes each year — your will cannot override them.

Revocation: Michigan allows you to revoke a will by destroying it, by a subsequent will, or by a written revocation document. Getting remarried does not automatically revoke a prior will in Michigan — but it may affect how assets are distributed under intestacy rules if the new spouse is omitted. Update your will after any major life event.

Knowing the law is step one. Here's how to move from knowing to done.

• Take inventory first. List every asset you own: real estate, bank accounts, retirement accounts, life insurance, vehicles, business interests, valuable personal property. Note how each is titled and whether it has a named beneficiary. This inventory is what your attorney — or your DIY form — actually needs to work from.
• Decide on your executor. Michigan calls this person the "personal representative." Choose someone organized, trustworthy, and willing. Name an alternate in case your first choice can't serve.
• Choose guardians for minor children. If you have kids under 18, this is non-negotiable. Have a real conversation with the person you're naming before you put their name in a legal document.
• Draft, then review. If you use a DIY service, have a Michigan attorney review the completed document before you sign it. Many will do a document review for a flat fee of $100–$200. That's cheap insurance.
• Sign properly. Gather your two disinterested witnesses. Sign in front of them. Have them sign in front of you and each other. If you want a self-proving affidavit (recommended), have a notary present for the signing.
• Store it safely. Tell your personal representative where it is. A will no one can find is functionally useless. Michigan does not have a centralized will registry, so physical storage matters.

Typical timeline: a simple attorney-drafted will in Michigan takes 1–3 weeks from initial consultation to signed document, depending on attorney availability and how quickly you provide information. DIY can be done in a day — but rushing increases the risk of errors.

• Take inventory first: List every asset you own and note how each is titled.
• Decide on your executor (personal representative) and name an alternate.
• Choose guardians for minor children and have the conversation before naming anyone.
• Draft, then have a Michigan attorney review before you sign — flat-fee reviews run $100–$200.
• Sign properly with two disinterested witnesses, optionally with a notary for a self-proving affidavit.
• Store it safely and tell your personal representative where it is.