Your Will Only Works If It's Legally Valid in Michigan

Writing a will in Michigan is not simply a matter of writing down your wishes. Michigan law sets specific requirements for a will to be enforceable — and a document that doesn't meet those standards cannot protect your family, no matter how clearly it expresses your intentions. At CF Legal, we help individuals and families across Genesee County create wills that hold up.

What Michigan Law Requires for a Valid Will

Under MCL 700.2502, a valid last will and testament in Michigan must meet three core requirements. The testator — the person making the will — must be at least 18 years old and of sound mind at the time of signing. The will must be in writing. And it must be signed by the testator in the presence of at least two witnesses, who must also sign the document.

Notarization is not required under Michigan law, but it is strongly recommended. A notarized, self-proving affidavit attached to the will can simplify the probate process by eliminating the need for witness testimony after the testator's death. It's a straightforward step that can save your family significant time and cost later.

Michigan Will Requirements Explained

To make a valid will in Michigan, you must understand the nature and extent of your property, know who your natural heirs are, and understand that you are creating a document that will direct how your estate is distributed. Courts refer to this as testamentary capacity. A will signed during a period of cognitive decline or under pressure from another person may be challenged — and successfully contested — during probate.

Testator Capacity

To make a valid will in Michigan, you must understand the nature and extent of your property, know who your natural heirs are, and understand that you are creating a document that will direct how your estate is distributed. Courts refer to this as testamentary capacity. A will signed during a period of cognitive decline or under pressure from another person may be challenged — and successfully contested — during probate.

The Two-Witness Requirement

Michigan requires two witnesses to observe the testator sign the will and then sign the document themselves. These witnesses should be disinterested — meaning they should not be named as beneficiaries in the will. If a witness is also a beneficiary, the gift to that witness may be voided, even if the rest of the will remains valid. This is one of the most common errors we see in wills people have drafted on their own.

Holographic Wills in Michigan

What Is a Holographic Will?

A holographic will is a will written entirely in the testator's own handwriting and signed by the testator — with no witnesses required. Michigan law recognizes holographic wills under MCL 700.2502(2), but only when the material portions of the document are in the testator's handwriting. If any portion is typed or printed, the holographic exception may not apply, and the document may fail to qualify as a valid will at all.

When Handwritten Wills Cause Problems

We've helped families navigate probate disputes that trace directly back to a handwritten document that didn't meet Michigan's requirements. Common problems include mixed handwritten and printed text, ambiguous language about specific assets, and no clear signature. Even a well-intentioned handwritten will can leave your family with an unenforceable document and a contested estate. If you have a handwritten will, it's worth having an attorney review it before you need it.

What Happens to Property Not Covered by Your Will

A will only controls assets titled solely in your name at the time of your death. Property held jointly with rights of survivorship, assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts), and assets held in a trust all pass outside of your will entirely. If your will doesn't account for these distinctions — or if you've acquired property after the will was drafted — part of your estate may pass under Michigan's intestate succession laws rather than according to your wishes.

Michigan Intestate Succession: What Happens Without a Valid Will

If you die without a valid will in Michigan, state law determines who receives your estate. For married individuals with children, the result may not be what you expect — Michigan intestacy law divides the estate between the surviving spouse and children in ways that often surprise families. For unmarried partners, the result is starker: an unmarried partner receives nothing under Michigan intestate law, regardless of the length or nature of the relationship. A valid will is the only way to ensure your estate goes to the people you intend.

Common Will Mistakes in Michigan

Even wills that were properly executed at the time of signing can create serious problems if they aren't maintained. The most common issues we see include:

• Beneficiary designations that haven't been updated after a divorce, death, or remarriage
• Failure to account for jointly held property that passes outside the will entirely
• No pour-over provision to capture assets into a trust if one exists
• Wills drafted in another state that may not meet Michigan's execution requirements
• Specific bequests of property the testator no longer owns at death

Does Your Will Need a Trust?

A will and a revocable trust often work together. The will handles assets that don't make it into the trust during your lifetime — typically through a pour-over provision that directs those assets into the trust at death. If you have minor children, a trust allows you to set conditions on how and when they receive their inheritance, which a will alone cannot accomplish. Whether a standalone will or a will-and-trust combination is right for you depends on your assets, your family structure, and your goals.

Why Families in Genesee County Work With CF Legal

CF Legal has served families in Flint, Grand Blanc, Davison, Fenton, and the surrounding communities for over 30 years. Craig Fiederlein has handled estate planning and probate matters across Genesee County throughout his career — including contested estates where a defective will was at the center of the dispute. That litigation experience shapes how we draft wills. We know what gets challenged in probate court, and we draft documents that are built to withstand scrutiny.

We're a multi-attorney firm with offices in Flint and Grand Blanc, which means you're not waiting on a solo practitioner to get back to you. Our phones are answered directly, and we return calls within 24 hours. If you have questions about your current will or want to start the process from scratch, we're ready to help.

Estate Planning Workshops in Grand Blanc

If you'd like to learn more before scheduling a one-on-one consultation, CF Legal hosts monthly estate planning workshops at the Grand Blanc Elks Club. These sessions cover wills, trusts, and common estate planning mistakes — in plain language, without pressure. Seating is limited.

Frequently Asked Questions About Wills in Michigan