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A valid Michigan will needs your signature and two witnesses — who can sign “within a reasonable time” rather than on the spot — or it can be a handwritten (holographic) will with no witnesses at all, as long as it’s dated and the key terms are in your handwriting. Michigan also has the broadest “harmless error” rule in the country, and its intestacy statute runs on dollar setasides that adjust with inflation. Online services prepare a Michigan-specific will for $199–$299. Every rule below cites the Estates and Protected Individuals Code (EPIC).
Michigan is forgiving about formalities — probate fights are still expensive.
Courts here have rescued imperfect documents, but every rescue is litigation your family pays for. An online service like Trust & Will prepares a Michigan-specific will with the witness pages laid out so nothing needs rescuing.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
Michigan Will Requirements (2026)
MCL 700.2502 sets the execution rules:
| Requirement | Michigan rule | Statute |
|---|---|---|
| In writing | A written document — Michigan has no electronic-wills law | § 700.2502(1)(a) |
| Signed | By you, or in your name by another in your conscious presence and at your direction | § 700.2502(1)(b) |
| Witnessed | Two individuals who sign within a reasonable time after witnessing your signing or your acknowledgment of the signature or the will — unusually flexible timing | § 700.2502(1)(c) |
| Notarized | Not required for validity — a notary enters only for the optional self-proving affidavit | § 700.2504 |
Who can make a will: anyone 18 or older with sufficient mental capacity — and Michigan’s statute spells the capacity test out: understanding that you’re disposing of property at death, knowing the nature and extent of what you own, and knowing your family (§ 700.2501).
Handwritten (Holographic) Wills Are Valid — but Michigan Requires a Date
A will that flunks the witness rule is still valid as a holographic will if it is dated, and the signature and the document’s material portions are in your handwriting (§ 700.2502(2)). Two details set Michigan apart: the date is mandatory — California, by contrast, doesn’t require one — and testamentary intent can be proven with outside evidence, including the parts of a preprinted form that aren’t in your handwriting (§ 700.2502(3)). Flexible, yes. Still the most-litigated format in probate court — treat it as the emergency option.
Electronic Wills: Not Legal in Michigan — With an Asterisk
Michigan has no electronic-wills statute; § 700.2502 requires a writing, signed and witnessed. The asterisk is § 700.2503, the country’s broadest “harmless error” rule: any document or writing can be treated as a will if a probate court finds clear and convincing evidence the decedent intended it as one — famously including, in one Michigan case, notes on a phone. But that route is case-by-case litigation after death, with no guarantee, at your family’s expense. It is a doctrine for salvaging accidents — not a way to plan. Online services are legal in Michigan the ordinary way: print and sign the finished document with witnesses.
Dying Without a Will in Michigan: The Inflation-Adjusted Formula
Michigan’s intestacy statute (§ 700.2102) runs on dollar setasides — the statute’s base figures below, which are adjusted annually for inflation under § 700.1210, so the operative numbers are higher each year:
| Your situation | What your spouse receives (statutory base, COLA-adjusted) |
|---|---|
| Married, no descendants or parents | Everything (§ 2102(1)(a)) |
| Married, all children shared, spouse has no others | First $150,000 + ½ of the balance; your children take the rest (§ 2102(1)(b)) |
| Married, no children — but a parent of yours survives | First $150,000 + ¾ of the balance; your parent takes the rest (§ 2102(1)(c)) |
| Blended: some of your children aren’t your spouse’s | First $150,000 + ½ of the balance (§ 2102(1)(e)) |
| None of your children are your spouse’s | First $100,000 + ½ of the balance (§ 2102(1)(f)) |
Two things to notice. Even in a first marriage with shared children, the children take a share once the estate clears the setaside — there is no all-to-spouse rule with kids in the picture. And a childless Michiganian with a surviving parent leaves that parent a quarter of everything above the setaside. The exact thresholds move every year with inflation, which is exactly the kind of moving target a will makes irrelevant.
What a Will Costs in Michigan
| Route | Typical cost | What you get |
|---|---|---|
| Handwritten (holographic) | $0 | Valid if dated, signed, material portions handwritten — and the most-contested format |
| Online service | $199 individual / $299 couple | Michigan-specific will with witness pages, done in about an hour |
| Michigan attorney | Flat fees vary by metro — ask up front | Custom drafting and counsel — and advice on Michigan’s Lady Bird deed, which no generic form covers |
Online pricing verified against Trust & Will’s published rates (August 2026). Michigan’s bar publishes no current fee survey we can cite, so we quote no attorney figures — collect flat-fee quotes and compare what’s included. See how Michigan compares with the rest of the country for national cost ranges and a state-by-state table of will requirements.
What a Michigan Will Does Not Do
1. A will does not avoid probate. It instructs the probate court; it doesn’t bypass it. Michigan families have an unusual extra tool here — the Lady Bird deed, which passes a home outside probate while you keep full control during life; Michigan is one of only a handful of states that recognize it. For the full picture, see what a living trust costs in Michigan.
2. A will does not cover incapacity. It operates only at death. Pair it with a durable power of attorney and patient advocate designation — see the five documents every family needs.
3. A will does not override beneficiary designations. Life insurance, retirement accounts, and payable-on-death accounts pass to the named beneficiary no matter what the will says.
Will vs. Trust for Michigan Families
Every Michigan adult needs a will — the inflation-indexed intestacy formula above is nobody’s actual wishes. Whether to add a living trust is a genuinely interesting question in Michigan, because the Lady Bird deed handles the family home for many situations at a fraction of a trust’s cost — while trusts still win for blended families, privacy, multiple properties, and incapacity planning. Start with Trust vs. Will: Which Does Your Family Need? and the numbers in our Michigan living trust cost guide.
If the will is what you need today, Trust & Will’s Michigan package includes the witness pages, guardianship nominations, and healthcare documents — build your Michigan will here.
FAQ
Does a will have to be notarized in Michigan?
No. Validity takes your signature and two witnesses (§ 700.2502). A notary enters only for the optional self-proving affidavit that spares witnesses a court appearance later.
Are handwritten wills legal in Michigan?
Yes — with no witnesses — if the will is dated and the signature and material portions are in your handwriting (§ 700.2502(2)). Michigan requires the date; several other holographic states don’t.
Do my witnesses have to sign immediately?
No — Michigan requires only that they sign “within a reasonable time” after witnessing your signature or acknowledgment (§ 700.2502(1)(c)). Best practice remains signing on the spot.
Can I make an electronic will in Michigan?
No statute authorizes them. Michigan’s broad harmless-error rule (§ 700.2503) has rescued unconventional writings case-by-case, but that’s after-death litigation, not a planning method. Print and sign with witnesses.
What happens if I die without a will in Michigan?
Your spouse takes an inflation-adjusted setaside (base $150,000, or $100,000 if none of your children are theirs) plus one-half of the balance — three-quarters if you had no children but a parent survives — with the remainder to your children or parents (§ 700.2102).
Does a will avoid probate in Michigan?
No — a will goes through probate. Living trusts, Lady Bird deeds, beneficiary designations, and joint titling are the tools that pass property outside the process.
Michigan Law Cited on This Page
- MCL 700.2501 — who may make a will; capacity test
- MCL 700.2502 — execution; holographic wills
- MCL 700.2503 — writings intended as wills
- MCL 700.2102 — intestate share of spouse (COLA-adjusted per § 700.1210)
Update log — August 2026: page created; all statutory requirements verified against the Michigan Compiled Laws at the Legislature’s official site. Intestacy figures are statutory bases; they adjust annually for inflation. Reviewed when Michigan law changes.