how to do a will in michigan without a lawyer

If you intend to leave most of your property to your nearest family, you can make a simple and effective will without a lawyer using the Michigan statutory will. You can use our Do-It-Yourself Will tool to prepare your will. If you decide a statutory will won’t meet your needs, you may want to have a lawyer help you prepare your will.

Full Answer

Do I need a lawyer to make a will in Michigan?

The easiest way to do this is by physically destroying it, such as burning or tearing, or by drawing a big “X” on the whole will or part of it. If there are copies of the will, you should destroy them, too. You can also revoke an earlier will by making a new will. The statutory will form does this expressly in its first line.

What happens if I don't have a will in Michigan?

Can I Make my Will Self-proving in Michigan?

Are handwritten wills allowed in Michigan?

If you own any property or have children under 18 years of age, you may want to create a will. In your will, you can choose who will receive your property. You can also choose someone you trust to act as the “ personal representative ” for your estate. This person will manage the distribution of your property after you die.

What Can I Do With A Michigan Will?

A will, also called a "last will and testament," can help you protect your family and your property. You can use a will to: 1. leave your property...

What Happens If I Die With Out A Will?

In Michigan, if you die without a will, your property will be distributed according to state "intestacy" laws. Michigan's intestacy law gives your...

Do I Need A Lawyer to Make A Will in Michigan?

No. You can make your own will in Michigan, using Nolo's do-it-yourself will software or online will programs. However, you may want to consult a l...

What Are The Requirements For Signing A Will in Michigan?

To finalize your will in Michigan: 1. you must sign your will in front of two witnesses, and 2. your witnesses must sign your will.

Do I Need to Have My Will Notarized?

No, in Michigan, you do not need to notarize your will to make it legal.However, Michigan allows you to make your will "self-proving" and you'll ne...

Should I Use My Will to Name A Personal Representative?

Yes. In Michigan, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after yo...

Michigan Probate Laws and Rules - When is Probate Required?

It may be necessary to open a Probate in Michigan when someone passes away without a Will, the decedent had a Will, but not a Living Trust, or the...

When is Probate NOT Required in Michigan?

There are 3 instances when Michigan Probate Laws do not require certain assets to go through probate court. They are as follows: Assets that are jo...

Do Michigan Probate Laws Require That Small Estates Go Through Probate?

Michigan Probate Laws allow for a simplified process for smaller estates that are less than $24,000 after funeral and burial costs have been paid....

Do Michigan Probate Laws Apply If You Die Without A Will?

Your estate is considered “intestate” If you die without a Last Will and Testament in Michigan. This means that the estate becomes subject to Michi...

How do you start the Probate process in Michigan?

Probate must go through the county Probate Court in which the decedent resided at the time of their death. Once you determine whether you need a fo...

How long does Probate take?

In Michigan, the minimum amount of time Probate takes is 5 months. However, most Probates take between 6 months to a year, but can take much longer...

How much does Probate cost?

How much Probate costs in Michigan varies based on the value of the estate, the type of Probate required, if the decedent owned property outside of...

Do I need a Michigan Probate Lawyer?

If you need to go through Probate, it is highly recommended to hire an experienced Probate Lawyer in the state in which the decedent resided and ow...

What happens if you die without a will in Michigan?

In Michigan, if you die without a will, your property will be distributed according to state "intestacy" laws. Michigan's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property.

Do you need a notary to make a will in Michigan?

No, in Michigan, you do not need to notarize your will to make it legal. However, Michigan allows you to make your will " self-proving " and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

How old do you have to be to make a will in Michigan?

To make a will in Michigan, you must: be an individual 18 years of age or older, and. have sufficient mental capacity to make a will. Mich. Comp. Laws § 700.2501. In this situation, having "sufficient mental capacity to make a will" means that you meet all of the following requirements:

Can you have an interest witness sign a will in Michigan?

Although Michigan technically allows you to have an "interested" witness who stands to inherit from your will sign it, this is usually not a good idea. It is typically better to use only disinterested witnesses to avoid the appearance that your witness influenced you to sign the will. Mich. Comp. Laws § 700.2505.

Can you self prove a will in Michigan?

However, Michigan allows you to make your will " self-proving " and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

Can you name a personal representative in Michigan?

Yes. In Michigan, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your personal representative that generally explains what the job requires.

Does Michigan allow electronic wills?

Michigan does currently allow electronic wills that are made via two-way real-time audiovisual technology. To be valid, you must follow these requirements: The two-way real-time audiovisual technology must allow direct, contemporaneous interaction where you and the witnesses can see and hear each other.

How to make a will?

Start your will drafting process by making sure you meet legal requirements. Specific requirements vary between states, but most require at least the following: 1 Age and mental capacity: A testator must be at least 18 years old and of sound mind. In some states, you can make a will if you are legally emancipated or underage when you start military services. “Sound mind" indicates you are aware of the will's content and its consequences. 2 Testamentary intent: Your will must demonstrate testamentary intent, meaning it addresses your post-death wishes. Many will begin with something similar to “This document is my last will and testament." 3 Signatures: You must sign the will. A video, text message, or other communication expressing your willingness to sign is not sufficient. Signatures include an “X" (if you are physically unable to sign) and verbally instructing another person to sign for you at the time you finalize the will. Please note the individual signing the will on your behalf cannot serve as a witness to your will. 4 Witnesses: States require two or three witnesses to a will. This requirement may also include a witness affidavit acknowledged by a notary public. Witnesses cannot be beneficiaries of your estate.

Do you have to sign a will?

Signatures: You must sign the will. A video, text message, or other communication expressing your willingness to sign is not sufficient. Signatures include an “X" (if you are physically unable to sign) and verbally instructing another person to sign for you at the time you finalize the will.

How to change your last will and testament?

You can change your will if your assets change, you remarry, or any other development demands a modification. There are two options for changing a last will and testament: 1 Codicil: A codicil amends your will. For example, if your original executor becomes distant or passes away, a codicil can appoint a new one. Like a will, a codicil must be signed, witnessed, and notarized. 2 New will: Drafting a new will cancels out all previous wills. Make sure your new will form contains a provision to that effect before you use it.

How to do probate?

There are circumstances where DIY will likely fail or at least make your probate process more complex and harder on your loved ones. Consider hiring an attorney if you face any of the following: 1 Your estate is subject to federal estate tax or may be worth more than $2 million at the time of your death 2 There is a high chance of family conflict and a will contest 3 You run your own business or own more than 50% of a business 4 You are recently divorced or have children from a previous relationship 5 You require special needs trusts or guardians for minor children or adult dependents 6 You wish to set up a living or testamentary trust to delay payments to your children until they reach a certain age

What is the purpose of a last will and testament?

A last will and testament is the primary document in your estate plan and the best way to make your afterlife wishes known to friends and family members. Without one, a court and state laws determine your property distribution and guardians for minor children—not you. While you may complete a do-it-yourself (DIY) will, ...

Who files a will when you pass away?

The testator appoints an executor (also called a personal representative in some states). When you pass away, your executor files your will in state probate court and carries out your wishes. Those receiving money or property from your estate are your beneficiaries.

How old do you have to be to make a will?

Specific requirements vary between states, but most require at least the following: Age and mental capacity: A testator must be at least 18 years old and of sound mind. In some states, you can make a will if you are legally emancipated or underage when you start military services.

When is Probate NOT Required in Michigan?

There are 3 instances when Michigan Probate Laws do not require certain assets to go through probate court. They are as follows:

Do Michigan Probate Laws Require That Small Estates Go Through Probate?

Michigan Probate Laws allow for a simplified process for smaller estates that are less than $24,000 after funeral and burial costs have been paid. In these cases, Probate can be bypassed as long as the estate doesn’t contain any real estate.

The 4 Major Steps in the Michigan Probate Process

In general, there are the 4 major steps in the Michigan Probate process:

Do Michigan Probate Laws Apply If You Die Without A Will?

Your estate is considered “intestate” If you die without a Last Will and Testament in Michigan. This means that the estate becomes subject to Michigan’s intestacy laws. As a result, the court decides who will receive your assets.

The Different Types of Probate in Michigan

There are a variety of different probate processes that can occur in Michigan. The process is usually determined by whether or not the decedent had an Estate Plan, the types of documents that make up the estate plan, and the size of the estate.

Frequently Asked Questions About Michigan Probate Laws

Probate must go through the county Probate Court in which the decedent resided at the time of their death.

Summary of Michigan Probate Laws

Michigan Probate Laws require a decedent’s assets go through Probate if the assets were held solely in their name. Assets usually don’t need to go through Probate if the assets that are jointly owned, the assets have a beneficiary designation, or the assets are held in a Living Trust. In general, Probate is a long and stressful process.

Is it legal to write a will?

It's legal to write your own will, and given how much it costs to draft a will with a lawyer, a do-it-yourself approach might be a cost-saving choice. But you need to draft a will that's legal in your state and ensure it can stand up to scrutiny. Here's how to get started.

How to prevent family from contesting your will?

How to Prevent Your Family from Contesting Your Will. When you create your will as part of your estate plan, you are making sure your last wishes will be carried out. All that careful planning and thought could be for naught, though, if someone successfully contests your will.

Who is in charge of implementing a will?

Your state's requirements for a valid will. The first three items are your call. The person you put in charge of implementing your will— called an executor— should be a person you trust. However, state requirements may be strictly applied, especially if there's a challenge to the will. Those requirements vary, but generally, ...

How many witnesses do you need to sign a will?

Those requirements vary, but generally, your will must be in writing; you must be at least 18 and mentally competent; and you must sign it in front of two to three (de pending on the state) adult witnesses who do not stand to inherit anything. Those witnesses must also sign.

Which states allow holographic wills?

However, only California, Maine, Michigan, New Mexico, and Wisconsin offer statutory wills, so many Americans won't have this option. If you don't, you may still live in one of the 26 states that permit holographic wills. "Holographic" here means "handwritten," Sandoval says handwriting it is advantageous because the legal standard ...

What happens if you don't have a holographic will?

If you don't, you may still live in one of the 26 states that permit holographic wills. "Holographic" here means "handwritten," Sandoval says handwriting it is advantageous because the legal standard for validating a handwritten will is a little more relaxed, at least in California. This may help if you miss a detail.

Why is it important to have a last will?

You know having a last will is important—it protects your family and provides for your final wishes. Now that you're finally sitting down to write that will, be on the lookout for these common but easy-to-avoid mistakes.

Can you make a will in Michigan?

No. Only Michigan residents can use the statutory will. Also, if you have a lot of valuable property or if your estate or family situation is complicated, you may want to have a lawyer help you make a will. Those complications may include: Children from previous relationships. Children with special needs.

Can you inherit a will in Michigan if you are married?

Even if you don’t, Michigan law protects the inheritance rights of surviving spouses. Generally, if you are still married when you die, and your will was executed before the marriage, your spouse will inherit from your estate as if you had died without a will.

What is a statutory will in Michigan?

The statutory will is a form created by Michigan law. When the form is properly filled out and executed (signed by you and two witnesses), it becomes a valid will. The form has a fill-in-the-blanks format. This limits how you can distribute your property. However, using the statutory will has some advantages.

How old do you have to be to make a will?

If you own any property or have children under 18 years of age, you may want to create a will. In your will, you can choose who will receive your property. You can also choose someone you trust to act as the “ personal representative ” for your estate. This person will manage the distribution of your property after you die.

Who can make their own will?

Anyone who is 18 or older with sufficient mental capacity may make their own will. “Sufficient mental capacity” means that the person making the will: Understands that making a will means planning to distribute property after death. Knows what property they have.

Is a will valid if it was made under duress?

A will is not valid if it was made under duress (by force or threats) or the improper influence of another person. It’s OK for someone to assist you with preparing your will. It’s not OK for anyone to tell you what you must put in your will or how to distribute your property.

What happens when you execute a will?

When you execute your will, your witnesses must confirm that you have made the will of your free choice. If any interested parties suspect after your death that the will was made under conditions of duress, fraud, or improper influence, they can challenge the validity of the will.

What happens if you die without a will in Michigan?

What Happens Under Michigan Law if I Die Without a Will? If a person dies without a will in the state of Michigan, or dies intestate, then the person’s assets are divided in accordance with Michigan intestacy laws. These laws set forth a particular order, or succession, in which family members will inherit assets from a person who dies intestate.

What happens if you don't leave a spouse behind?

If the decedent does not leave a spouse behind, then the assets of the estate are distributed in the following order: If there is no surviving spouse, then the assets go to the decedent’s descendants, or the decedent’s children, grandchildren, and great-grandchildren.

What is intestate succession?

These laws set forth a particular order, or succession, in which family members will inherit assets from a person who dies intestate. A probate court that is administering the person’s estate will identify heirs to any assets through the laws of intestate succession. First, a surviving spouse receives preference over all other surviving relatives ...

What is probate court?

A probate court that is administering the person’s estate will identify heirs to any assets through the laws of intestate succession. First, a surviving spouse receives preference over all other surviving relatives in an intestacy situation.

Who is the sole heir to a deceased person?

First, a surviving spouse receives preference over all other surviving relatives in an intestacy situation. If the deceased person has no surviving parents or descendants, then the surviving spouse is the sole heir.

What happens to a surviving spouse?

First, a surviving spouse receives preference over all other surviving relatives in an intestacy situation. If the deceased person has no surviving parents or descendants, then the surviving spouse is the sole heir. On the other hand, if the deceased has a surviving parent and a surviving spouse, then the surviving spouse will receive ...

What happens to a spouse if a deceased person has a surviving spouse?

If the deceased has a surviving spouse and surviving descendants, then the spouse will receive the first share, whose value varies according to whether the surviving descendants are shared by the surviving spouse or not.