The Michigan last will and testament is an important legal document that protects the fiduciary funds, real estate, personal property and even digital property to be distributed to the chosen beneficiaries of the testator (the creator of the document) as according to their wishes upon their death. This document will allow an executor to properly distribute the property of the testator to spouses, children, friends, charities or anyone else they may wish to provide or contribute to at their own discretion. This document will require two witnesses as well as the services of a notary public for the purpose of acknowledgment of signatures
Definition – § 700.1108(b)
Laws – Act 386 of 1998 (Estates and Protected Individuals Code)
Signing (Section 700-2502) – Two (2) or more Witnesses.
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 – 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.
