Michigan Will Requirements and Signing Rules

It is not legal advice. Verify current requirements with the county probate court, relevant agency, or qualified Michigan counsel before acting.

Michigan will requirements decide whether a probate court can treat a document as a valid will. The usual path is a written will signed by a person with capacity and witnessed by two people, but Michigan also has separate rules for holographic wills and self-proved wills.

This guide explains the signing rules at a practical level. It is not a substitute for a Michigan estate-planning attorney, especially when the estate has blended-family issues, disinheritance, business interests, or real estate.

Who Can Make a Michigan Will

MCL 700.2501 says an individual who is 18 or older and has sufficient mental capacity may make a will. Capacity is fact-specific. The person should understand that the document directs property at death, know the general nature of their property, and understand the family or beneficiaries affected by the plan.

If capacity may be questioned, avoid rushed signing. Keep attorney notes, medical context, and witness information with the estate file.

Michigan Witness and Signature Rules

MCL 700.2502 sets the usual execution rule. A will must be in writing, signed by the testator or by another individual in the testator's conscious presence and at the testator's direction, and signed by at least two individuals within a reasonable time after witnessing the signing or the testator's acknowledgment.

Use disinterested adult witnesses when possible. A beneficiary witness can create unnecessary probate questions, even when the will may still be valid.

Holographic Wills

Michigan recognizes holographic wills under MCL 700.2502 when the signature and the material portions of the document are in the testator's handwriting. That does not make a handwritten will a good planning choice.

Handwritten wills can be hard to interpret. They often omit residue clauses, alternate beneficiaries, personal representative powers, or tax and title language. If the family cannot agree on meaning, the will may push the estate into formal probate.

Self-Proving Affidavits

MCL 700.2504 allows a will to be self-proved. A self-proving affidavit can reduce the need to locate witnesses after death because the will carries sworn execution evidence.

Self-proving status does not fix a bad plan or prove capacity by itself. It helps with the evidence of signing. Keep the original will in a safe place and tell the personal representative where to find it.

Changes, Revocation, and Delivery After Death

MCL 700.2507 covers revocation by later will, codicil, or physical act with intent to revoke. Do not write changes in the margin and assume they work. A codicil needs will-level signing care.

After death, MCL 700.2516 says a person with possession or care of a will or codicil must forward it to the court with reasonable promptness. That step can matter even when the family hopes to use a small-estate path.

For what happens next, read the Michigan probate timeline guide and the Michigan probate court forms guide.

What a Will Does Not Do

A will does not avoid probate by itself. It directs probate property. Assets with beneficiary designations, survivorship title, trust ownership, or certain small-estate paths may transfer outside a full probate case.

To compare transfer paths, use how to avoid probate in Michigan and transfer property after death in Michigan. If there is no valid will, use the Michigan intestate succession guide.

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Sources:

• Title: MCL 700.2501, Who may make will. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2501
• Title: MCL 700.2502, Execution; witnessed or holographic will. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2502
• Title: MCL 700.2504, Self-proved will. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2504
• Title: MCL 700.2507, Revocation by writing or act. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2507
• Title: MCL 700.2516, Delivery of will or codicil by custodian. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2516

This guide provides general Michigan will information. Ask a Michigan attorney about execution, capacity, tax, and family-rights issues before relying on a will.