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Michigan Last Will and Testament

In Michigan, valid Wills are created by a person 18 years or older who is of sound mind. Basically, a Will is instructions to the probate court as to how you want your property distributed after your death. It nominates a Personal Representative and, if you have a minor child, a Guardian. Without a Will, your property passes according to Michigan intestate laws. There are several different types of Wills in Michigan.

Formal Will

The most commonly probated Will, MCL 700.2502 requires a Will be in writing and signed by the testator with at least two witnesses. Typically drafted by attorneys, these Wills best lay out the testator’s intentions.

Holographic Will

A testator dates, signs, and hand writes a holographic Will. Witnesses are not necessary. These are not always reliable as most people do not understand what should be in a Will.

Self-proved Will

A self-proved Will includes sworn statements by the witnesses and the testator who all swear that it is voluntary, the testator is over 18, there is no duress or undue influence and of sound mind. Understandably, this is the preferred method of signature as it avoids the need of testimony from witnesses when the Will is introduced in probate court.

Statutory Will

This is a fill-in-the-blank Will created by Michigan law. Accordingly, it has limitations and does not cover all possible scenarios that may affect you. I don’t care for them as I most people do not fill them out properly. The money saved in doing it yourself is lost in attorney fees arguing in probate court what you meant. In other words, attorneys make a lot of money after you die when you do your Will yourself. However, if you would like a free, statutory Will, please click this link.

Pour Over Will

A pour over Will includes a provision that a previously created trust is the beneficiary. While a well funded trust avoids probate, people sometimes fail to transfer property to their trust. The pour over Will covers any property not transferred to the trust during the grantor’s lifetime and transfers it to the trust after the testator’s death.

Have more questions? Give us a call at 313-291-0240.

Chris McAvoy is a  Michigan attorney who helps people with bankruptcy, divorce, and probate. Our attorneys help people in Taylor, Allen Park, Southgate, Lincoln Park, Riverview, Taylor,  Trenton, Flat Rock, Wyandotte, Brownstown, Belleville, Dearborn, Dearborn Heights, Westland, Garden City,  Canton and the Downriver, Michigan area.