Michigan Last Will and Testament Template

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A Michigan last will and testament is a legal document that directs how a testator’s (person to whom the will belongs) real and personal property, fiduciary funds, digital assets, and other financial accounts will be distributed after their death. Testators can select their designated beneficiaries on the will document and stipulate detailed instructions regarding the portion of the estate each is entitled to receive. Wills are essential when distributing the testator’s estate among their spouse, children, friends, blood relatives, and even charitable organizations. Under Michigan law, wills require two (2) witnesses be present when the testator executes and signs the will into effect; both these witnesses must also sign after they acknowledge the testator’s signature. Though optional, a testator can have the will notarized by a state-authorized notary public.

Table of Contents

Laws

Definition – (§ 700.1108(b)) – “Will” includes, but is not limited to, a codicil and a testamentary instrument that appoints a personal representative, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to the decedent’s property that is passing by intestate succession.

Signing Requirements (Section 700-2502) – Two (2) or more Witnesses.

Statutes – Act 386 of 1998 (Estates and Protected Individuals Code)

(Video) How to Make a Will in Michigan

How to Write

Step 1 – Establishment of Testator -Write or type the full legal name of the testator (the person for whom the will is being established) at the top of the document. Enter the following information:

  • Name of Testator
  • City of Residence
  • County of Residence
  • Testator must carefully review the remainder of the paragraph as well as the Expenses and Taxes section

Step 2 – Nomination and Appointment of Personal Representative (Executor)–

  • Enter the full legal name of the executor
  • Name of executor’s city
  • County
  • State

Alternate Executor – in the event the initial executor becomes unwilling or for whatever the reason is unable to serve as the initial chosen representative to the estate

  • Enter the full legal name of the alternate executor
  • Name of executor’s city
  • County
  • State

Step 3 – Disposition of Property to Beneficiaries –

1 st Beneficiary 

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of their SSN
  • Enter the property being bequeathed
  • AND

2nd Beneficiary –

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of SSN
  • Enter the property being bequeathed
  • AND

3d Beneficiary –

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of SSN
  • Enter the property being bequeathed

The Testator must review the remaining information pertaining to how property is distributed  in the event any member of their group of beneficiaries pre-decease the testator.

Step 4 – Testator must carefully review the following sections prior to any application of signatures:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative (executor) A through K
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Signatures/Witnesses – All signatories must be present prior to any signing of this documentation. Enter the following:

  • Enter the testator’s name
  • Date of testator’s signature in dd/mm/yyyy format
  • Testator Signature
  • Testator (Printed Name)

Witnesses – The witnesses must review the brief statement and provide the following –

  • Date the document in dd/mm/yyyy format
  • Enter the name of the testator

Witness 1 – 

  • Witness Signature
  • Address

Witness 2 –

  • Witness Signature
  • Address

Step 6 – Testament Affidavit – All parties must review the affidavit and complete the following:

  • State
  • County
  • Name of testator
  • Name of Witness 1
  • Name of Witness 2
  • AND ENTER
  • Testator Signature
  • Witness 1 Signature
  • Witness 2 Signature

Step 7 (Optional) – Notarization – Once the notary public has witnessed all signatures they shall then complete the remainder of the document and authenticate it by affixing their state seal.

Related Forms

Advance Directive

Download: Adobe PDF

 

 

 


Durable (Financial) Power of Attorney

Download: Adobe PDF