Wills in Michigan: Protecting Your Family and Your Wishes
A will is the foundation of nearly every estate plan. It’s the document that speaks for you after you’re gone — naming who receives your property, who manages your affairs, and who cares for your minor children. Yet a majority of adults don’t have one, and many who do are relying on a document written decades ago that no longer reflects their lives.
If you live in Metro Detroit and haven’t put a will in place, or haven’t looked at yours in years, this page explains what a Michigan will does, what happens without one, and how to make sure yours actually works when your family needs it.
What Is a Will?
A will (formally, a “last will and testament”) is a legal document that takes effect at your death. In Michigan, a properly executed will lets you:
What Happens If You Die Without a Will in Michigan?
If you die without a valid will, you die “intestate,” and Michigan’s Estates and Protected Individuals Code decides who inherits. The state’s formula doesn’t know your family, your relationships, or your wishes. It simply follows a fixed order:
Some common situations the intestacy statute handles poorly:
A will replaces the state’s default plan with your own.
Requirements for a Valid Will in Michigan
Michigan law sets out clear requirements. To make a valid will, you must:
Michigan also recognizes a holographic will — one written in your own handwriting, dated, and signed — even without witnesses, as long as the material portions are in your handwriting. Holographic wills are valid but risky: they are more easily challenged, often ambiguous, and frequently overlook important provisions.
Choosing a Personal Representative
Your personal representative will inventory your assets, notify creditors, file tax returns, resolve claims, and distribute your estate. It’s a real job with legal responsibilities. When choosing, consider:
Naming a Guardian for Minor Children
For parents, this is often the reason to finally sit down and make a will. Your will lets you nominate the person you want to raise your children if both parents are gone. The probate court gives strong weight to a parent’s nomination.
Without a nomination, the court chooses — and family members may disagree about who should step in, sometimes bitterly, at the worst possible time. Your will can also name a conservator to manage your children’s inheritance, which need not be the same person as the guardian.
What a Will Does Not Do
A will is essential, but it has limits that surprise many people.
A will does not avoid probate. A will is a set of instructions to the probate court. Assets that pass under your will must go through the court process before reaching your beneficiaries. If avoiding probate is a priority, tools like a revocable living trust, a Lady Bird Deed for real estate, and beneficiary designations work alongside your will to accomplish that.
A will does not control everything you own. Certain assets pass outside your will regardless of what it says:
If your will says one thing and a beneficiary designation says another, the designation wins. Coordinating these is a critical part of estate planning.
A will does nothing during your lifetime. It can’t help if you become incapacitated. That’s the job of a durable power of attorney and a patient advocate designation.
A Will as Part of a Complete Estate Plan
Most Metro Detroit families are best served by a coordinated set of documents:
Will - Directs distribution of probate assets, names personal representative, nominates guardians
Durable Power of Attorney - Authorizes someone to handle your finances if you become incapacitated
Patient Advocate Designation - Names someone to make medical decisions if you cannot
Revocable Living Trust- Holds assets to avoid probate and provide ongoing management
Lady Bird Deed - Passes Michigan real estate outside probate while you keep full control
Beneficiary designations - Direct retirement accounts, life insurance, and certain accounts to named individuals
Even if you use a trust, you still need a will — a “pour-over will” catches anything that was never transferred to the trust and directs it there.
When to Update Your Will
A will should be reviewed whenever your life changes, and at least every few years regardless. Common triggers:
Note that in Michigan, divorce automatically revokes provisions in favor of a former spouse, but marriage does not automatically update an older will in your new spouse’s favor in every respect. Don’t rely on the law to fix an outdated document.
Will Contests and How to Avoid Them
A will can be challenged on grounds such as lack of capacity, undue influence, fraud, or improper execution. Challenges are most common when a will departs sharply from what family members expected, was signed late in life, or was prepared by someone who benefits from it.
Steps that reduce the risk of a contest include working with an attorney who documents your capacity and intentions, using disinterested witnesses, including a self-proving affidavit, explaining unusual decisions in a separate letter, and keeping the will updated so it reflects a consistent plan over time.
Frequently Asked Questions
Do I need a lawyer to make a will in Michigan? Not legally, but do-it-yourself and online wills frequently fail in ways that only surface after death — improper witnessing, ambiguous language, or provisions that conflict with beneficiary designations. Given what’s at stake, professional drafting is a modest investment.
Where should I keep my will? In a secure place your personal representative can access — a fireproof safe at home or with your attorney. A safe deposit box can be a problem, because access may require a court order after your death. Michigan also lets you deposit your will with the probate court for safekeeping during your lifetime.
Does my will from another state work in Michigan? Generally yes, if it was valid where signed. But other states’ wills may not include a self-proving affidavit that Michigan courts accept, and the plan may not account for Michigan-specific tools. A review after moving is strongly recommended.
Can I disinherit a child? Yes. Michigan does not require you to leave anything to an adult child, though it’s wise to state the intention clearly so the omission doesn’t look like a mistake. Spouses have certain protected rights that cannot be fully eliminated by a will.
How much does probate cost in Michigan? Costs vary with the size and complexity of the estate and include court filing fees, an inventory fee based on estate value, publication costs, and attorney and personal representative fees. Smaller estates may qualify for simplified procedures.
Can I handwrite changes on my existing will? Don’t. Handwritten changes to a typed will are usually ineffective and can invalidate portions of the document. Changes should be made through a formal amendment (a codicil) or, more commonly, a new will.
Talk With a Metro Detroit Wills and Estate Planning Attorney
A will is too important to leave to a form or to chance. Sanfield & Neff Law Firm helps Metro Detroit families create wills and complete estate plans that reflect their wishes, protect their children, and spare their loved ones unnecessary stress and expense.
Call the Law Offices of Joshua B. Sanfield now at 586-573-9000 for a free consultation.
This page provides general information about Michigan law and is not legal advice. Every situation is different, and laws change over time.
If you live in Metro Detroit and haven’t put a will in place, or haven’t looked at yours in years, this page explains what a Michigan will does, what happens without one, and how to make sure yours actually works when your family needs it.
What Is a Will?
A will (formally, a “last will and testament”) is a legal document that takes effect at your death. In Michigan, a properly executed will lets you:
- Name your beneficiaries — the people or organizations who receive your property, and in what shares
- Make specific gifts — a family heirloom to a particular grandchild, a sum of money to a charity, a vehicle to a friend•Name a personal representative — the person (called an executor in some states) who gathers your assets, pays your debts, and distributes what remains
- Nominate a guardian for minor children — arguably the single most important reason young parents need a will
- Create a trust for young or vulnerable beneficiaries — so an inheritance is managed responsibly rather than handed to an 18-year-old outright
- Direct how debts and taxes are paid and which assets bear those costs
What Happens If You Die Without a Will in Michigan?
If you die without a valid will, you die “intestate,” and Michigan’s Estates and Protected Individuals Code decides who inherits. The state’s formula doesn’t know your family, your relationships, or your wishes. It simply follows a fixed order:
- Married with no children (and no surviving parents): your spouse inherits everything.
- Married with children from that marriage: your spouse receives a set dollar amount (adjusted annually for inflation) plus half of the remainder; your children share the rest.
- Married with children from another relationship: your spouse’s share shrinks, and your children take a larger portion.
- Unmarried with children: your children inherit everything in equal shares.
- No spouse or children: your parents inherit; if they have passed, your siblings; then more distant relatives.
- No living relatives: your estate passes to the State of Michigan.
Some common situations the intestacy statute handles poorly:
- Unmarried partners receive nothing, no matter how long the relationship lasted.
- Stepchildren you raised but never legally adopted receive nothing.
- Blended families can see assets flow to a new spouse and then to that spouse’s children, bypassing your own.
- Minor children inherit outright at 18, and the probate court — not you — chooses their guardian.
- A child who is estranged, struggling with addiction, or receiving disability benefits inherits the same share as everyone else, with no protective structure.
A will replaces the state’s default plan with your own.
Requirements for a Valid Will in Michigan
Michigan law sets out clear requirements. To make a valid will, you must:
- Be at least 18 years old.
- Be of sound mind — meaning you understand that you are making a will, know the general nature of your property, and know who your family members are.
- Put the will in writing.
- Sign the will (or direct someone to sign it in your presence).
- Have two witnesses sign who watched you sign or acknowledge the will.
Michigan also recognizes a holographic will — one written in your own handwriting, dated, and signed — even without witnesses, as long as the material portions are in your handwriting. Holographic wills are valid but risky: they are more easily challenged, often ambiguous, and frequently overlook important provisions.
Choosing a Personal Representative
Your personal representative will inventory your assets, notify creditors, file tax returns, resolve claims, and distribute your estate. It’s a real job with legal responsibilities. When choosing, consider:
- Trustworthiness and organization over sentiment
- Location — an out-of-state representative can serve, but logistics are harder
- Family dynamics — naming one child over another can cause friction; naming co-representatives can cause deadlock
- A backup in case your first choice is unable or unwilling to serve
- You can also name a professional fiduciary or a bank trust department, which can make sense for larger estates or families where neutrality matters.
Naming a Guardian for Minor Children
For parents, this is often the reason to finally sit down and make a will. Your will lets you nominate the person you want to raise your children if both parents are gone. The probate court gives strong weight to a parent’s nomination.
Without a nomination, the court chooses — and family members may disagree about who should step in, sometimes bitterly, at the worst possible time. Your will can also name a conservator to manage your children’s inheritance, which need not be the same person as the guardian.
What a Will Does Not Do
A will is essential, but it has limits that surprise many people.
A will does not avoid probate. A will is a set of instructions to the probate court. Assets that pass under your will must go through the court process before reaching your beneficiaries. If avoiding probate is a priority, tools like a revocable living trust, a Lady Bird Deed for real estate, and beneficiary designations work alongside your will to accomplish that.
A will does not control everything you own. Certain assets pass outside your will regardless of what it says:
- Life insurance and retirement accounts with named beneficiaries
- Jointly owned property with rights of survivorship
- Bank accounts with payable-on-death designations
- Real estate held in a trust or transferred by Lady Bird Deed
If your will says one thing and a beneficiary designation says another, the designation wins. Coordinating these is a critical part of estate planning.
A will does nothing during your lifetime. It can’t help if you become incapacitated. That’s the job of a durable power of attorney and a patient advocate designation.
A Will as Part of a Complete Estate Plan
Most Metro Detroit families are best served by a coordinated set of documents:
Will - Directs distribution of probate assets, names personal representative, nominates guardians
Durable Power of Attorney - Authorizes someone to handle your finances if you become incapacitated
Patient Advocate Designation - Names someone to make medical decisions if you cannot
Revocable Living Trust- Holds assets to avoid probate and provide ongoing management
Lady Bird Deed - Passes Michigan real estate outside probate while you keep full control
Beneficiary designations - Direct retirement accounts, life insurance, and certain accounts to named individuals
Even if you use a trust, you still need a will — a “pour-over will” catches anything that was never transferred to the trust and directs it there.
When to Update Your Will
A will should be reviewed whenever your life changes, and at least every few years regardless. Common triggers:
- Marriage, divorce, or remarriage
- Birth or adoption of a child or grandchild
- Death of a spouse, beneficiary, or named personal representative
- Moving to Michigan from another state
- A significant change in assets — inheritance, business sale, home purchase
- A beneficiary developing special needs, financial trouble, or substance abuse issues
- Changes in your relationships with the people named in your will
Note that in Michigan, divorce automatically revokes provisions in favor of a former spouse, but marriage does not automatically update an older will in your new spouse’s favor in every respect. Don’t rely on the law to fix an outdated document.
Will Contests and How to Avoid Them
A will can be challenged on grounds such as lack of capacity, undue influence, fraud, or improper execution. Challenges are most common when a will departs sharply from what family members expected, was signed late in life, or was prepared by someone who benefits from it.
Steps that reduce the risk of a contest include working with an attorney who documents your capacity and intentions, using disinterested witnesses, including a self-proving affidavit, explaining unusual decisions in a separate letter, and keeping the will updated so it reflects a consistent plan over time.
Frequently Asked Questions
Do I need a lawyer to make a will in Michigan? Not legally, but do-it-yourself and online wills frequently fail in ways that only surface after death — improper witnessing, ambiguous language, or provisions that conflict with beneficiary designations. Given what’s at stake, professional drafting is a modest investment.
Where should I keep my will? In a secure place your personal representative can access — a fireproof safe at home or with your attorney. A safe deposit box can be a problem, because access may require a court order after your death. Michigan also lets you deposit your will with the probate court for safekeeping during your lifetime.
Does my will from another state work in Michigan? Generally yes, if it was valid where signed. But other states’ wills may not include a self-proving affidavit that Michigan courts accept, and the plan may not account for Michigan-specific tools. A review after moving is strongly recommended.
Can I disinherit a child? Yes. Michigan does not require you to leave anything to an adult child, though it’s wise to state the intention clearly so the omission doesn’t look like a mistake. Spouses have certain protected rights that cannot be fully eliminated by a will.
How much does probate cost in Michigan? Costs vary with the size and complexity of the estate and include court filing fees, an inventory fee based on estate value, publication costs, and attorney and personal representative fees. Smaller estates may qualify for simplified procedures.
Can I handwrite changes on my existing will? Don’t. Handwritten changes to a typed will are usually ineffective and can invalidate portions of the document. Changes should be made through a formal amendment (a codicil) or, more commonly, a new will.
Talk With a Metro Detroit Wills and Estate Planning Attorney
A will is too important to leave to a form or to chance. Sanfield & Neff Law Firm helps Metro Detroit families create wills and complete estate plans that reflect their wishes, protect their children, and spare their loved ones unnecessary stress and expense.
Call the Law Offices of Joshua B. Sanfield now at 586-573-9000 for a free consultation.
This page provides general information about Michigan law and is not legal advice. Every situation is different, and laws change over time.
