Top 20 Frequently Asked Questions About Last Wills in Michigan Estate Planning

Creating a last will and testament is one of the most important steps you can take to protect your loved ones and ensure your wishes are honored. In Michigan, governed by the Estates and Protected Individuals Code (EPIC), a will provides clear instructions for asset distribution, minor children’s care, and estate administration. Yet many residents delay planning due to common questions and misconceptions. At Patrick & Associates, PLLC in Southfield, we help families navigate these issues daily. Below are the top 20 FAQs we hear about Michigan wills, with straightforward answers to guide you.

1. What is a last will and testament?
   A legal document specifying how your assets should be distributed after death, who manages the process, and guardians for minors. In Michigan, it must meet EPIC requirements to be valid.
2. Who can make a will in Michigan?
   Anyone 18 or older of sound mind. “Sound mind” means understanding your assets, family relationships, and the will’s effect—no advanced age or illness automatically disqualifies you.
3. What are Michigan’s requirements for a valid will?
   It must be in writing, signed by the testator (or directed), and witnessed by two disinterested adults. A notary for a self-proving affidavit speeds probate by avoiding witness testimony.
4. Are holographic (handwritten) wills valid in Michigan?
   Yes—if entirely in your handwriting and signed. However, they risk challenges due to ambiguity or authenticity. We recommend formal typed wills with witnesses.
5. What is a self-proving will?
   Includes a notarized affidavit from witnesses, making it “self-proving” in Michigan probate court—no need to locate witnesses later, streamlining administration.
6. What happens if I die without a will in Michigan?
   Intestate succession under EPIC applies. Spouses and children inherit first (spouse gets $150,000–$300,000 adjusted for inflation plus half remainder if kids exist), then parents, siblings, etc. This may not match your wishes.
7. Can I disinherit someone in Michigan?
   Yes, except a spouse—they have elective share rights (up to half augmented estate). Children can be disinherited with explicit language, though pretermitted child rules protect unintentionally omitted kids.
8. Do I need a will if everything is jointly owned or has beneficiaries?
   Yes—for non-joint assets, naming guardians, or specific bequests. Joint property passes automatically, but a will covers the rest and avoids partial intestacy.
9. How do I name a guardian for my minor children in Michigan?
   Nominate in your will—courts give strong deference unless unfit. Name alternates and discuss with nominees.
10. What is a personal representative in Michigan?
    Your appointed executor to handle probate: file will, pay debts/taxes, distribute assets. Choose wisely—residents preferred, non-residents need bond.
11. Can I create a trust in my will?
    Yes—testamentary trusts activate at death for minors, special needs, or controlled distributions, avoiding separate funding.
12. Does a will avoid probate in Michigan?
    No—it guides probate. Trusts avoid it. Michigan offers informal probate for uncontested wills with self-proving affidavits.
13. How often should I update my will?
    After life changes: marriage, divorce, births, deaths, moves, or asset shifts. Michigan recognizes codicils for minor updates.
14. What is a pour-over will?
    Catches assets not in your revocable trust, pouring them into it at death—combines trust benefits with will flexibility.
15. Can I include pet care in my Michigan will?
    Yes—bequests for pet care or honorary pet trusts (enforceable under EPIC) fund animal welfare.
16. Are online or DIY wills safe in Michigan?
    Risky—common errors invalidate them or cause contests. Professional drafting ensures compliance and clarity.
17. What is a no-contest clause?
    Deters challenges by disinheriting contestants. Enforceable in Michigan if probable cause lacking.
18. Does marriage or divorce affect my will in Michigan?
    Marriage doesn’t revoke but grants spouse rights. Divorce revokes ex-spouse provisions under EPIC—update promptly.
19. Can non-residents serve as executor or witnesses in Michigan?
    Non-residents can execute if bonded; witnesses need no residency but must be disinterested.
20. Where should I store my will?
    Safe, accessible place—safe deposit box (if joint), attorney, or trusted person. Inform executor of location; Michigan courts accept originals.

A well-drafted Michigan will provides peace of mind, reduces family burden, and ensures your legacy. Don’t leave it to chance—intestate laws rarely align perfectly with wishes.

At Patrick & Associates, PLLC, Dean E. Patrick has decades helping Michigan families create valid, customized wills. Contact us for a free consultation—we serve Southfield, Wayne, Oakland, and surrounding areas.

Ready to protect your loved ones? Call (248) 663-2566 or complete our online form today.