A last will is an important and legal instrument that reflects the last wishes of a testator regarding their private property and in what ways they would want it to be distributed among selected beneficiaries.
As a preventative measure, it is strongly suggested to create a last will. An elaborate and appropriately designed last will and testament is often essential to those you love and relatives upon your passing, even if you do not have lots of assets to distribute.
On this page, you’ll be able to download a free Michigan last will and testament form that you can fill in and print. Additionally, down the page, there’s a good amount of information pertaining to the will writing process and commonly asked questions.
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|Statutes||Act 386 of 1998, Article II – Intestacy, Wills, and Donative Transfers|
|Signing requirement||Two witnesses||700.2502 Execution; witnessed wills; holographic wills|
|Age of testator||18 or older||700.2501 Will; maker; sufficient mental capacity|
|Age of witnesses||18 or older||700.2505 Witnesses|
|Self-proving wills||Allowed||700.2504 Self-proved will|
|Handwritten wills||Recognized if meeting certain conditions||700.2502 Execution; witnessed wills; holographic wills|
|Oral wills||Not recognized|
|Holographic wills||Recognized if meeting certain conditions|
|Depositing a will||Possible with a Michigan county probate court A fee is $25||700.2519 Statutory will|
A power of attorney is a legal document that designates a person, referred to as your agent or proxy (does not have to be an attorney), to deal with important things for you when you are alive. You can find different kinds of power of attorney, the two most important ones being:
An executor is someone you trust and appoint to ensure the last will’s directions are executed. It is possible to name the same individual to act as an attorney-in-fact and will executor.
Michigan law says that a will is valid without having a notary public certify it. Having said that, you can make your will self-proving by attaching an affidavit to the document, and you’ll have to visit a notary public if you wish to do this. Making your will self-proving is actually a good choice since it speeds up the probate and provides another level of certainty in case the will’s credibility is questioned.
For any holographic last will to be considered legally binding, you need to handwrite the entire document, indicate the date of creation, and sign it. Such last wills tend to be normally utilized in emergent situations and/or up to the point when more official documents could be put in place (either by an attorney at law or using a will template like the one you can easily obtain from this site). Holographic wills can have ambiguous directions and may omit significant provisions, so they are more challenging to enforce and can impede the probate considerably. Consequently, it would be a better idea to opt for the other option that we talk about below.
An attested last will is normally typewritten as it is often made by a legal professional or is based on a will template, such as the one you can download from us. You would need to have two witnesses (18 years or more) sign the will in your presence so that it is regarded as valid. In some states, you’d have to notarize it, but in Michigan, it’s not mandatory.
Testamentary capacity is a term used to describe the testator’s (the person creating the last will) legal and mental capability (sound mind) to write and change their will.
You could be thought as missing testamentary capacity in case you’re a minor (under 18 years old) or suffer from dementia, senility, insanity, or similar psychiatric disorders that don’t allow you to thoroughly understand your estate’s cost, beneficiaries, disposition, as well as the interrelationship of those elements.
No, in Michigan, there’s no such prerequisite. But, attaching one will be rather advantageous given that it removes the need for witnesses testimony in the course of probate, which eases the process considerably.
Michigan is not a community property state (also known as marital property). The mentioned term is a form of interest documentation provided by the systems of law that expresses that 1/2 of all properties and assets (including arrears) of one marriage partner are owned by the other and remain such after divorce.
Michigan law allows you to cut your spouse out of your last will and testament completely, but your marriage partner will have the right to own some minimum amount of your estate.
Except for your husband or wife, Michigan law enables you to disinherit any other family members. That applies to your adult children (of 18 years and above) and any other members of the family; just add disinheritance clauses to your last will.
No, the will can be amended only by you. There’s just one case when another person is allowed to intervene. When you are physically unable to sign your will, a third party is permitted to do so instead of you yet only with you present.
Yes, it is possible.
A person who wrote the will can modify or repeal his or her last will and testament anytime. The sole situation that will not let you do it is when such doing is prohibited under the contract you entered.
Moreover, it is a wise decision to review your will at the time you experience a serious life event including:
In Michigan, the law indicates that the court will recognize a last will if it is damaged or lost. However, the probate court will be unlikely to admit anything other than the initial version of the last will to probate.
According to Michigan law, the absence of the will can be regarded as its cancellation. This implies that the executor should provide proof of the will’s validity, which in turn may be rather problematic.
For a holographic last will, you may require sworn witnesses and testimony to prove. That makes things far more troublesome. Additionally, you will also have to provide proof of the reason why the last will and testament and its elements can’t be provided in a way that will also confirm it was not canceled.
Michigan Estate Code permits some other individual to sign your last will solely per your directive and in your presence. The testator can express their last wishes in words, through answering positively to a question, or with gestures.
It is possible to have a notary sign the name of a testator that is physically unable to do so in case the testator instructs the notary with a witness present. Such a witness is selected the same way one could decide on a trustee – they must have no legal or equitable interest in any property and assets being the issue matter of or influenced by the will.
|Related documents||When to make it|
|Codicil||Your last will requires one or a number of minor modifications.|
|Self-proving affidavit||You would like to save time and money for your witnesses.|
|Living will||You want to indicate what health care you prefer if you can’t communicate that by yourself.|
|Living trust||You would like to skip probate by putting your property in the possession of a trust.|