Michigan Small Estate Affidavit

Michigan Estate Planning — Best Essential Guide (2026)

By Oleg Kachko · Updated June 11, 2026

✓ Verified June 2026

This guide covers Michigan estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from Michigan law, verified as of June 2026.

Michigan Will Requirements at a Glance

Here are the exact rules for making a valid will in Michigan:

Minimum age to make a will 18 years old; the testator must also be of sound mind (MCL 700.2501)
Witnesses required 2; each witness must sign within a reasonable time after witnessing the testator’s signing or acknowledgment of the will (MCL 700.2502(1))
Notarization required NO — notarization is not required to make a valid will in Michigan; the two-witness requirement is sufficient for a witnessed will, and a holographic will needs neither witnesses nor notarization; however, notarization is used if you choose to make the will self-proving under MCL 700.2504
Handwritten (holographic) will allowed YES — Michigan recognizes holographic wills under MCL 700.2502(2); the will must be dated, and the testator’s signature and the material portions of the document must be in the testator’s own handwriting; witnesses are not required; additionally, under MCL 700.2503 (the “harmless error” doctrine), even a document that fails formal execution requirements may be treated as a valid will if clear and convincing evidence shows the decedent intended it to be their will — Michigan was the first state to recognize a cell phone note as a valid will under this provision (In re Estate of Horton, 2018)
Self-proving affidavit available YES — MCL 700.2504 provides three methods: (1) simultaneous execution, where the testator and 2 witnesses make sworn statements before an officer authorized to administer oaths under official seal; (2) a post-execution affidavit, where the testator and witnesses later appear before an authorized officer to acknowledge and swear; (3) a written declaration under penalty of perjury (no oath or notary required), beginning with “I certify (or declare) under penalty for perjury under the law of the state of Michigan that…” signed by the testator and witnesses with the execution date; a self-proving affidavit eliminates the need to locate witnesses at probate
Statutory will form YES — MCL 700.2519 provides an official Michigan Statutory Will, a fill-in-the-blank form set out directly in the statute text; it requires 2 adult witnesses (3 recommended), allows a maximum of 2 cash gifts to named individuals, covers disposition of personal and household items, real estate, and the residuary estate; words should not be added or crossed out (except in the blanks) or the will may be partially or wholly invalid; the form is designed for relatively simple estates and was updated by 2023 PA 72; the statutory will text can be found at https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-700-2519

What a Michigan Will Does (and Doesn’t Do)

In Michigan, a valid will may name a personal representative (executor) to manage the estate through probate; name a guardian for minor children; direct how probate assets are distributed among beneficiaries; make specific bequests of personal property, real estate, or cash; create testamentary trusts; and express wishes regarding funeral or burial arrangements

What a Michigan will does NOT control: A Michigan will does not control assets that pass outside of probate, including life insurance policies with a named beneficiary, retirement accounts (401(k), IRA) with a named beneficiary, payable-on-death (POD) or transfer-on-death (TOD) accounts, property held in joint tenancy with right of survivorship, and assets held in a living trust;

these assets pass directly to the named beneficiary or surviving joint owner regardless of what the will says

Oral wills in Michigan: NO — Michigan does not recognize oral (nuncupative) wills; MCL 700.2502 requires a will to be in writing with no exception for oral declarations, even at the point of death

How to Update or Revoke a Michigan Will

A Michigan will may be amended by executing a codicil, which must meet the same formalities as a will under MCL 700.2502 (written, signed, 2 witnesses — or valid as a holographic document); a will may be revoked under MCL 700.2507 by (1) executing a subsequent will that expressly revokes the prior will or is wholly inconsistent with it, or (2) performing a revocatory act — burning, tearing, canceling, obliterating,

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or destroying the will with the intent to revoke, done by the testator or by another person in the testator’s conscious presence and at the testator’s direction; a change of circumstances alone (such as moving or acquiring new property) does not automatically revoke a will under MCL 700.2508, except as provided in MCL 700.2802–2809 (which address divorce and certain other specific events)

Other Michigan will-making rules: Michigan adopted the UPC “harmless error” doctrine under MCL 700.2503, which allows a document that fails formal execution requirements to be admitted to probate if clear and convincing evidence establishes the decedent intended it as their will — Michigan was the first state to apply this to a cell phone note (In re Estate of Horton, 2018);

Michigan has a broad choice-of-law rule under MCL 700.2506 that validates a will if it complies with Michigan law or the law of the place where it was executed, or where the testator was domiciled, had a place of abode, or was a national at the time of execution or death; an interested witness (a beneficiary who also serves as a witness) does not invalidate the will under MCL 700.2505,

but the interested witness’s bequest may be reduced to what they would have received under intestate succession; Michigan does not currently have a dedicated electronic wills statute, though the harmless error provision has served as a de facto pathway for electronic documents

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Understanding Michigan Estate Planning

Getting started with Michigan estate planning is the single best gift you can give your family. A valid Michigan will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.

When people look into Michigan estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of Michigan estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.

Official Michigan Sources & Resources

This Michigan will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Michigan Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.