How many witnesses does a Michigan will need?

A typed will needs two witnesses. Michigan also allows holographic wills that are dated, signed, and have their material portions in your own handwriting.

What is the difference between informal and formal probate in Michigan?

Informal probate is a streamlined, mostly administrative process for uncontested estates; formal probate involves more court supervision and is used when there are disputes.

Is the executor called a Personal Representative in Michigan?

Yes. Michigan follows the Uniform Probate Code, which uses Personal Representative for the executor named in a will or an administrator appointed by the court.

Can Michigan real estate avoid probate?

Yes. Beneficiary designations, joint ownership, and a lady bird (enhanced life estate) deed can pass real estate without probate.

Making a Will in Michigan: Rules You Need to Know

Michigan has adopted much of the Uniform Probate Code, which standardizes terminology and offers flexible probate options. Michigan recognizes both witnessed and handwritten wills. This is general information, not legal advice — consult an attorney in your state.

Who can make a will in Michigan?

In Michigan you must be at least 18 and of sound mind. Sound mind means you understand you are making a will, know generally what you own, and recognize the people who would ordinarily inherit.

Capacity and freedom from undue influence at signing are what keep the will from being contested.

What are the witness and notary rules?

A typed Michigan will must be signed by you and witnessed by two people who sign within a reasonable time after seeing you sign or hearing you acknowledge it. Michigan also recognizes holographic wills that are dated and signed with the material portions in your own handwriting.

Notarization is not required, but Michigan allows a self-proving affidavit before a notary so the probate court can admit the will without the witnesses appearing.

Two witnesses for a typed will.
Holographic wills allowed if dated, signed, and materially handwritten.
A self-proving affidavit before a notary streamlines probate.

Is the executor called a Personal Representative?

Yes. Following the Uniform Probate Code, Michigan uses Personal Representative for the person who administers an estate, whether named in the will (an executor) or appointed by the court (an administrator).

Michigan allows both informal and formal probate, and a Personal Representative in informal probate can act with little court supervision.

What happens if you die without a will in Michigan?

If you die intestate, Michigan's statute divides your estate among your spouse and descendants, with the spouse's share depending on whether children are also the spouse's and whether parents survive.

Intestacy means the court appoints the Personal Representative and you lose any say over guardianship of minor children.

Is probate required in Michigan?

Probate runs through the county probate court, and Michigan's informal process is relatively quick when the estate is uncontested. Small estates can use a simplified procedure or an affidavit.

Assets with beneficiary designations or joint ownership pass outside probate, and Michigan allows a transfer-on-death (lady bird) deed approach for real estate that can avoid probate.

Can you make a Michigan will online?

Yes. A properly signed and witnessed online will is valid in Michigan when you follow the two-witness process. iFinallyWill produces a Michigan-specific will and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee.

iFinallyWill supports all 50 states and every Canadian province. For larger estates, local legal advice can help with deeds and trust planning.

Frequently asked questions

How many witnesses does a Michigan will need?: A typed will needs two witnesses. Michigan also allows holographic wills that are dated, signed, and have their material portions in your own handwriting.
What is the difference between informal and formal probate in Michigan?: Informal probate is a streamlined, mostly administrative process for uncontested estates; formal probate involves more court supervision and is used when there are disputes.
Is the executor called a Personal Representative in Michigan?: Yes. Michigan follows the Uniform Probate Code, which uses Personal Representative for the executor named in a will or an administrator appointed by the court.
Can Michigan real estate avoid probate?: Yes. Beneficiary designations, joint ownership, and a lady bird (enhanced life estate) deed can pass real estate without probate.