Information on Wills in Michigan

By A.L. Kennedy

In Michigan, the Estates and Protected Individuals Code, also known as EPIC, governs wills. A Michigan will must meet certain requirements spelled out in EPIC. Wills in Michigan are supervised by county probate courts, which oversee the work a personal representative does in carrying out the will and which hear challenges against the validity of a will, according to the Calhoun County Courts.


Michigan's Estates and Protected Individuals Code defines a will as an "instrument that appoints a personal representative, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to the decedent's property that is passing by intestate succession," according to Michigan Compiled Laws section 700.1108. A document that does any one of these things may be considered a will in Michigan, as long as it is in a valid will format.


A Michigan will is valid only if it is in writing and signed by the testator and at least two witnesses, according to Michigan Compiled Laws section 700.2502. Michigan law makes an exception for holographic, or handwritten, wills. In Michigan, a will that is signed, dated, and has "material portions" written in the testator's handwriting may be a valid will even if it is not witnessed, according to Michigan Compiled Laws section 700.2502.

Protect your loved ones. Start My Estate Plan

Self-Proved Wills

A Michigan will may be "self-proved" if it includes a sworn and notarized statement by the testator, or person who made the will, and each of the two witnesses. Section 700.2504 of the Estates and Protected Individuals Code, or EPIC, gives the proper wording for the sworn and notarized statements. Although a Michigan will does not have to be notarized to be valid, the self-proving clauses make probate easier by eliminating the need for the will's witnesses to testify in court to prove the will is valid.


In Michigan, a will can be revoked either by making a new will that says it revokes any current wills or by destroying all or part of a will, according to Michigan Compiled Laws section 700.2507. If the new will does not say it revokes a previous will, the Michigan probate courts will assume the new will revokes the previous will if the new will covers all of the testator's property. The probate court will assume the new will supplements or replaces only part of the previous will if the new will only covers part of the testator's property or only addresses part of what is covered in the previous will such as the name of the personal representative or guardian.

Protect your loved ones. Start My Estate Plan
Virginia Statute of Wills



Related articles

New York Estate Law When the Executor Dies

New York, like all other states, recognizes a written will as the proper method for making your wishes known as to the distribution of your assets when you die. The executor is the person named in the will to see that the terms of the will are carried out. If an executor dies before she has completed her duties, the court must appoint a new executor.

Are Handwritten Wills Legal in Louisiana If Not Notarized?

Under Louisiana law, an olographic will is one written, signed and dated entirely in the handwriting of the testator, or person making the will, according to Louisiana Civil Code 1575. A handwritten or olographic will is generally considered valid in Louisiana as long as the entire will is in the testator's own handwriting, even if the will is not notarized, according to Louisiana Civil Code 1574 and 1575.

Is a Handwritten Last Will & Testament Legal in Florida?

A will is a document that has your last wishes and directions for distribution of your property to your loved ones after your death. A handwritten will is valid in Florida if all of the requirements dictated by state law are met. If your will is handwritten and does not meet Florida standards, the document is not eligible for probate, which is the legal proceedings use to settle the estate of a person who left a will.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

A Basic Last Will & Testament

A last will and testament is a legal document that describes how you want to allocate your assets, property and ...

What Are the Duties of a Will Executor in Michigan?

In Michigan, the executor of a will is known as the "personal representative," according to Article VII of the Michigan ...

Missouri Law on Last Wills

Writing a will means that you decide who acquires your property when you die. If you don’t make a will, you are said to ...

Self-Proving Will Statutes in New York

Writing a valid will ensures that your property is divided according to your wishes. If you fail to make a will, or if ...

Browse by category
Ready to Begin? GET STARTED