Are you a Michigan resident wondering if you truly need a will? The answer is almost certainly yes. Michigan will requirements are straightforward. The costs are manageable. Furthermore, dying without a will can bring devastating consequences for your family.
As a Michigan real estate and estate planning attorney with over 35 years of experience, I regularly meet clients who assume that wills are only for the wealthy. That assumption is wrong. It is also potentially costly.
You might own a home, raise minor children, or hold a retirement account. Perhaps you simply want a say in what happens to your belongings after you pass away. In any of these cases, a will is one of the most important legal documents you will ever sign. This guide covers everything Michigan residents need to know about making a valid will. You will learn what happens if you die without one, and why estate planning matters regardless of your net worth.
Why Every Michigan Resident Should Have a Will
Many people put off making a will because they believe their estate is too small. However, estate planning is not just about distributing wealth. A will allows you to accomplish several critical objectives under state law.
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Name a Personal Representative: A will lets you name a personal representative. This individual manages your estate after you pass away. Michigan uses the term “personal representative” instead of “executor.” Without a will, the probate court chooses someone to fill this role. That person may not be your preferred choice.
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Appoint a Guardian for Minor Children: A will acts as the primary legal tool to name a guardian for minor children. Under state law, a parent of an unmarried minor may appoint a guardian by will. You can also use another document that you sign, provided at least two witnesses sign it as well. If you die without making this designation, a probate court judge will decide who raises your children. That decision may not align with your wishes at all.
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Control Asset Distribution: A will gives you control over how your assets travel to your heirs. Without one, state intestacy rules dictate who inherits your property. The results often surprise families. Additionally, a will can include specific instructions for personal property, charitable gifts, and even pet care. State intestacy laws simply do not address these details.
A will is especially important for families who own real estate in Michigan. It can streamline the probate and real estate process. Proper planning also helps prevent disputes among heirs.
What Are the Legal Requirements for a Valid Will in Michigan?
Specific state legal requirements govern Michigan will laws. Understanding these rules is essential. If a will fails to comply, the probate court may declare it invalid.
Formal (Witnessed) Wills
To create a valid formal will in Michigan, you must meet all of the following requirements:
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The will must be in writing.
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The testator (the person making the will) must sign the document. Alternatively, another individual can sign the testator’s name in the testator’s conscious presence and at their direction.
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At least two witnesses must sign the will. Each witness must sign within a reasonable time after witnessing the testator sign or acknowledge the signature.
Michigan law does not require you to notarize a will to make it valid. However, you can attach a self-proving affidavit. This extra document simplifies the probate process. It eliminates the need for witnesses to testify in court later.
Holographic (Handwritten) Wills
Michigan also recognizes holographic, or handwritten, wills. A holographic will remains valid even without witnesses. To qualify, you must date it. Your signature and the material portions must also appear in your own handwriting.
While a holographic will is legally valid, I generally advise against relying on one. Handwritten wills invite more challenges in probate court. Small errors in wording can lead to costly disputes among family members.
Statutory Wills
Michigan offers a statutory will form. This standardized, fill-in-the-blanks form works well for people with simple estates. It is relatively easy to complete. It also does not require an attorney.
However, the statutory will has a limited scope. For example, you may only leave two specific cash gifts to persons or charities. The remainder must go to your spouse or children. If your estate planning needs are at all complex, a statutory will is unlikely to be sufficient.
What Happens If You Die Without a Will in Michigan?
When someone dies without a valid will, lawyers refer to this as dying intestate. Michigan’s intestate succession laws determine who inherits your property. The probate court, not your family, controls the process.
The Default Asset Distribution Order
Here is a simplified breakdown of how Michigan distributes an intestate estate. These figures reflect the current state cost-of-living adjustments:
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Spouse and no descendants or parents: Your spouse inherits your entire estate.
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Spouse and mutual descendants: Suppose you leave behind a spouse and mutual descendants, and your spouse has no other children. Your spouse receives the first $301,000 plus one-half of the remaining balance. Your descendants split the rest.
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Spouse and descendants from a prior relationship: Your spouse receives the first $201,000 if none of your surviving children belong to your spouse. The amount rises to $301,000 if you leave a mix of mutual children and stepchildren. In both cases, your spouse also gets one-half of the remaining balance. The remaining half goes to your descendants.
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Spouse and parents (no descendants): Your spouse receives the first $301,000 plus three-quarters of the balance. Your parents receive the remaining quarter.
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Descendants but no spouse: Your descendants inherit everything equally, divided per stirpes.
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No identifiable heirs: Under state law, your estate escheats. This means it becomes the property of the State of Michigan.
Unexpected Pitfalls of Intestacy
Several important details about Michigan intestacy law catch families off guard. Stepchildren do not inherit unless you legally adopt them. Unmarried partners receive nothing. Furthermore, the court, rather than your family, chooses your personal representative. If you have minor children, the court also selects their guardian.
The bottom line is simple. Dying without a will means surrendering control over your estate, your children, and your legacy to the state of Michigan. For families dealing with probate and estate matters, the consequences can be particularly painful when the estate includes real property.
Protecting Minor Children: Why Guardianship Matters
For parents of young children, the guardianship question alone justifies making a will. Under Michigan law, a parent may appoint a guardian for an unmarried minor child by will. You can also use another witnessed writing. This appointment becomes effective when the guardian files an acceptance with the probate court.
If both parents die without naming a guardian, the probate court must appoint one. The court will certainly act in the child’s best interest. However, the judge will make that decision without your input.
Family members may disagree about who should raise the child. This disagreement can lead to contested guardianship proceedings. These court battles are expensive, emotionally draining, and entirely avoidable.
I strongly recommend naming both a primary and an alternate guardian in your will. You should also discuss your choice with the prospective guardian before signing the document. Make sure they are willing and able to accept the responsibility.
You might have questions about guardianship or custody issues involving real estate in a minor child’s name. Our team handles wills and trusts issues regularly and can help you structure a plan that protects your children.
Will vs. Trust: Do You Need Both?
A common question I hear from clients is whether they need a will, a trust, or both. The answer depends on your goals and the complexity of your estate.
Understanding the Role of a Will
A will takes effect only after you die. It must go through the probate process. It becomes a public record once you file it with the court. A will works ideally for naming guardians and appointing a personal representative. It also distributes assets that do not pass by other means, such as beneficiary designations or joint tenancy.
The Benefits of a Revocable Living Trust
A revocable living trust can help you avoid probate entirely. It keeps your affairs private. It also provides for the management of your assets if you become incapacitated. However, a trust typically costs more to establish. Expect to pay $2,000 to $5,000 or more depending on complexity.
Even if you create a trust, you still need a will. A pour-over will works alongside a trust. It transfers any assets that you did not title in the trust before your death. Without this safety net, those assets would pass under Michigan’s intestacy laws rather than according to your plan.
A trust can be particularly valuable for Michigan residents who own real property. It avoids the delays and costs of probate when real estate changes hands.
How Much Does a Will Cost in Michigan?
The cost of making a will in Michigan varies based on the method you choose and your estate’s complexity.
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Attorney-drafted will: This option typically ranges from $300 to $1,500 for a straightforward will. More complex plans may cost $2,000 to $5,000 or more. These comprehensive plans often include trusts, powers of attorney, and healthcare directives.
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Michigan statutory will: This form is completely free. You can download the form through the Michigan Legislature’s website. However, statutory wills have a limited scope and may not address your specific needs.
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Online will services: These services generally range from $50 to $250. They offer convenience, but they rarely account for Michigan-specific legal requirements. You may not notice errors until probate. By then, it is too late to fix them.
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Holographic (handwritten) will: It costs nothing to create a handwritten will. However, it carries a much higher risk of a court challenge.
In my experience, a proper will costs a fraction of what your family will spend if you die without one. Probate disputes, contested guardianships, and unintended asset distributions can cost tens of thousands of dollars. Investing in a well-drafted will now is one of the smartest financial decisions a Michigan resident can make.
Federal and Michigan Estate Taxes: What You Need to Know
One of the biggest misconceptions about estate planning is that it only matters if you owe estate taxes. In reality, the vast majority of Michigan estates owe no estate tax at all. That does not mean you can skip a will.
Michigan does not impose a state estate tax or an inheritance tax. The state repealed its inheritance tax years ago. Currently, no state-level death tax exists in Michigan.
At the federal level, the estate tax exemption for 2026 is $15 million per individual. It rises to $30 million for married couples. These figures followed the enactment of the One Big Beautiful Bill Act, which became law on July 4, 2025. The federal estate tax rate on amounts exceeding the exemption is 40%.
The original blog post on this page cited a $5.43 million exemption. That figure from 2014 is now outdated.
Federal estate taxes are not a concern for most Michigan families. However, estate planning addresses far more than taxes. It secures guardianship, asset distribution, family harmony, and probate avoidance. It ultimately protects your intentions.
Your estate may fall well below the federal threshold. Even so, proper planning helps you avoid unnecessary financial disputes. It protects your family from the stress and expense of contested probate proceedings.
When and How Often Should You Update Your Will?
Creating a will is not a one-time event. Michigan law does not require periodic updates, but significant life changes should trigger a review. You should update your will after any of the following events:
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Marriage or divorce: Michigan law automatically revokes any provisions in your will that benefit a former spouse upon divorce. However, remarriage does not automatically update your will to include a new spouse. You must make that change yourself.
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Birth or adoption of a child: Under state law, a child born or adopted after you sign your will may be entitled to a share of your estate. This happens as if you had died intestate, unless you clearly wrote the will with the new child in mind.
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Death of a beneficiary or guardian: If a person named in your will passes away before you, those specific provisions may lapse. Naming alternate beneficiaries and guardians can prevent this issue.
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Significant changes in assets: You should review your plan if you buy or sell real estate, receive an inheritance, or experience a major change in net worth.
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Relocation: If you move to or from Michigan, an attorney licensed in your new state should review your will. This ensures the document complies with local law.
As a general rule, I recommend reviewing your estate plan every three to five years. Do this even if no major changes have occurred. Laws evolve, family dynamics shift, and assets change. Your will should always reflect your current situation.
Frequently Asked Questions
What are the legal requirements for a valid will in Michigan? In Michigan, a valid formal will must be in writing. The testator must sign it, or someone must sign it at the testator’s direction. At least two witnesses must also sign the document. A holographic, or handwritten, will is also valid if you date it and write the signature and material portions in your own handwriting. No notarization is required, though we recommend a self-proving affidavit.
What happens if you die without a will in Michigan? If you die without a will, your estate passes under Michigan’s intestacy laws. The probate court determines who inherits your property based on a statutory formula. This formula may not reflect your wishes. Stepchildren and unmarried partners receive nothing under intestacy law.
Can I write my own will in Michigan without a lawyer? Yes. Michigan recognizes holographic wills and provides a statutory will form. However, DIY wills carry a higher risk of errors. These mistakes could render the will invalid or lead to probate disputes. Consulting an attorney is highly recommended, especially if your estate includes real property or minor children.
How much does it cost to make a will in Michigan? Attorney-drafted wills in Michigan typically cost between $300 and $1,500 for a basic plan. Statutory will forms are free. Online services range from $50 to $250. More complex estate plans that include trusts and powers of attorney may cost $2,000 to $5,000 or more.
What is the difference between a will and a trust in Michigan? A will takes effect after death and must go through probate court. A revocable living trust avoids probate, provides privacy, and allows for incapacity planning. Even with a trust, most Michigan residents still need a pour-over will. This captures assets not titled in the trust and names guardians for minor children.
Do I need to update my will after getting divorced in Michigan? Michigan law automatically revokes provisions benefiting a former spouse upon divorce. However, other provisions in your will remain in effect. It is strongly recommended that you update your will after any divorce. This ensures all beneficiaries, guardians, and personal representatives reflect your current wishes.
Does Michigan have an estate tax? No. Michigan does not impose a state estate tax or inheritance tax. However, the federal estate tax applies to estates exceeding $15 million per individual. The vast majority of Michigan estates fall well below this threshold, but estate planning remains essential for reasons beyond taxes.
About David Soble: David is a seasoned real estate and finance attorney with more than 35 years of experience, combining his background as a “big bank insider” with a commitment to demystifying complex legal issues for his clients. As the founding attorney of Soble Law (Soble PLC), he leads a specialized team in Michigan and Ohio that handles real estate transactions, contract disputes, probate, and financial litigation. Known for a practical, no-nonsense approach and peer-rated excellence (Martindale-Hubbell AV Preeminent), Soble and his team strive to protect clients’ property and financial interests with clarity, integrity, and experience.
Disclaimer: The information in this article is for general educational purposes only and does not constitute formal legal, financial, tax, real estate, finance, probate, or any other professional service or advice. Reading this content or contacting us does not establish an attorney-client relationship. Every situation is unique, and laws change frequently, so you should always consult with your own qualified attorney or professional advisor before making any decisions.
