How to Make a Will in Michigan (2026 Guide)

A will made in Michigan must be signed by you and by 2 witnesses to be valid. Yes (Mich. Comp. Laws § 700.2504). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Michigan will covers, generated from the same rules.

Make my free Michigan will

Michigan will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Mich. Comp. Laws § 700.2502
Financial POA statute	Mich. Comp. Laws § 556.201 et seq. (Michigan Uniform Power of Attorney Act, 2023 PA 187, effective July 1, 2024)
Healthcare directive statute	Mich. Comp. Laws §§ 700.5506 to 700.5515 (patient advocate designation); Michigan has no living will statute

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Mich. Comp. Laws § 700.2502(1)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Mich. Comp. Laws § 700.2505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Do you need a notary in Michigan?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Mich. Comp. Laws § 700.2504). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Michigan

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Mich. Comp. Laws § 700.2502(1)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Mich. Comp. Laws § 700.2505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Mich. Comp. Laws § 700.2504). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Michigan allows a testator (or the testator's agent) to deposit a will with the probate court for safekeeping during the testator's lifetime for a $25 fee; it is kept confidential and released only to the testator or, after death, delivered to the named personal representative (Mich. Comp. Laws § 700.2515). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-half of the share that would have passed by intestacy, reduced by one-half of the value of property the spouse received from the decedent outside the will (Mich. Comp. Laws § 700.2202), plus the homestead allowance, exempt property and family allowance (Mich. Comp. Laws §§ 700.2402 to 700.2404). Dower was abolished in Michigan in 2017.

Homestead

No special restriction on devising a homestead by will. A surviving spouse (or minor/dependent children) is entitled to a homestead allowance of $15,000 as adjusted for inflation (Mich. Comp. Laws §§ 700.1210, 700.2402); the homestead exemption from creditors is in Mich. Comp. Laws § 600.6023.

If you die without a will in Michigan

If you die without a will in Michigan, your spouse takes everything if you leave no descendants and no parents. If you leave parents but no descendants, the spouse takes the first $150,000 (adjusted annually for inflation) plus three-quarters of the balance. If all of your descendants are also your spouse's, the spouse takes the first $150,000 (adjusted) plus half; if you or your spouse have descendants who are not the other's, the spouse takes the first $100,000 (adjusted) plus half (Mich. Comp. Laws §§ 700.2102, 700.2103, 700.1210). With no spouse, everything passes to descendants, then parents, then siblings and their descendants. More on intestacy.

Other estate-planning documents in Michigan

• Durable financial power of attorney: Mich. Comp. Laws § 556.201 et seq. (Michigan Uniform Power of Attorney Act, 2023 PA 187, effective July 1, 2024). A power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction) and either acknowledged before a notary public or signed in the presence of two adult witnesses who are not the agent and who also sign (Mich. Comp. Laws § 556.205). Do both — sign before a notary and two witnesses — because a notarized instrument is required to record it with the register of deeds for real estate and is presumed genuine. The agent must sign an acknowledgment of duties before acting.
• Advance healthcare directive: Mich. Comp. Laws §§ 700.5506 to 700.5515 (patient advocate designation); Michigan has no living will statute. A patient advocate designation must be in writing, signed and dated by the patient in the presence of two witnesses, who also sign. A witness may not be the patient's spouse, parent, child, grandchild, sibling, presumptive heir or known devisee, physician, patient advocate, or an employee of the patient's life or health insurer, health facility, or home for the aged (Mich. Comp. Laws § 700.5506(4)). Notarization is not required. There is no mandatory statutory form; the patient advocate must sign an acceptance before acting (§ 700.5507).
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Mich. Comp. Laws § 700.2513).

Michigan notes

• Michigan publishes a statutory will form (Mich. Comp. Laws § 700.2519). This service's will is not the statutory will form; it is a conventional attested will.
• Michigan recognizes holographic wills that are dated, signed, and have material portions in the testator's handwriting (Mich. Comp. Laws § 700.2502(2)); a typed, witnessed will is far easier to prove.
• Michigan has no living will statute; the patient advocate designation is the binding instrument.

Frequently asked questions

How many witnesses does a will need in Michigan?

Michigan requires 2 witnesses (Mich. Comp. Laws § 700.2502). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Mich. Comp. Laws § 700.2502(1)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Mich. Comp. Laws § 700.2505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Does a will need to be notarized in Michigan?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Michigan have a self-proving affidavit?

Yes (Mich. Comp. Laws § 700.2504). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Michigan?

Yes, Michigan recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Michigan?

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-half of the share that would have passed by intestacy, reduced by one-half of the value of property the spouse received from the decedent outside the will (Mich. Comp. Laws § 700.2202), plus the homestead allowance, exempt property and family allowance (Mich. Comp. Laws §§ 700.2402 to 700.2404). Dower was abolished in Michigan in 2017.

What happens if I die without a will in Michigan?

If you die without a will in Michigan, your spouse takes everything if you leave no descendants and no parents. If you leave parents but no descendants, the spouse takes the first $150,000 (adjusted annually for inflation) plus three-quarters of the balance. If all of your descendants are also your spouse's, the spouse takes the first $150,000 (adjusted) plus half; if you or your spouse have descendants who are not the other's, the spouse takes the first $100,000 (adjusted) plus half (Mich. Comp. Laws §§ 700.2102, 700.2103, 700.1210). With no spouse, everything passes to descendants, then parents, then siblings and their descendants.

Is a no-contest clause enforceable in Michigan?

A provision penalizing an interested person for contesting the will is unenforceable if probable cause exists for instituting the proceeding (Mich. Comp. Laws §§ 700.2518, 700.3905).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.