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Michigan Last Will and Testament

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Michigan Legal Requirements

Key MI statutes and obligations that apply to your last will and testament.

Requirements

  • Michigan Estates and Protected Individuals Code (EPIC) — MCL 700.2501 et seq.
  • Two witnesses required — must sign in testator's presence within a reasonable time
  • Testator must be 18+ and of sound mind
  • Self-proving affidavit: recognized in Michigan (MCL 700.2504)
  • Holographic wills: valid if entirely in testator's handwriting and signed (MCL 700.2502)

Restrictions & Limits

  • Elective share: surviving spouse entitled to elective share calculated under complex formula (MCL 700.2202)
  • Michigan estate tax: none — Michigan repealed its estate tax in 1993
  • Intestate share: Michigan has specific rules for children, stepchildren, and half-relatives

Official Statute References

Primary Michigan statutes governing this document type.

Michigan Last Will and Testament FAQ

Common questions about last will and testaments under Michigan law.

Are holographic wills valid in Michigan?

Yes. Michigan recognizes holographic wills under MCL 700.2502 — wills that are entirely in the testator's own handwriting and signed by the testator. No witnesses are required for a Michigan holographic will. However, typed wills with proper witnesses and a self-proving affidavit are more reliable.

What is the surviving spouse's elective share in Michigan?

Michigan's elective share is calculated based on the length of the marriage — the longer the marriage, the larger the potential elective share. The formula considers augmented estate assets (not just probate assets). The minimum share is 3% of augmented estate for marriages under 1 year and can reach 50% for 15+ year marriages.

Does Michigan have a state estate tax?

No. Michigan repealed its estate tax in 1993. Only the federal estate tax applies to Michigan residents, with its $13.61 million per-person exemption (2024). Michigan is one of the majority of states that no longer imposes a separate estate or inheritance tax.

How does Michigan probate work?

Michigan wills are probated in Probate Court in the county where the decedent lived. Michigan offers several procedures: informal administration (no court hearings for uncontested estates), formal administration (court supervised), and small estate affidavits for estates under $27,000 (2024, indexed for inflation).

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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.