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What is a last will and testament, or simply, the last will? It is a legal paper that records an individual’s will concerning their property. According to the law, a will represents a one-sided transaction where the testator transfers the right to dispose of their estate to other people after their death. However, this is an optional document. In its absence, the transfer of proprietary rights is made in the order established by law. But not everyone agrees to entrust the distribution of their legacy to the state.

Writing a last will is critical when you leave behind underage children, especially if you were their only caregiver. Every parent wants what’s best for their kids, and that includes appointing a responsible person to become their legal guardian after your passing. Besides that, to avoid confusion among your other relatives and close friends, you can equally divide your wealth among them.

Considering this information, you should think of composing a last will and implement your idea. To help you out with this incredibly important task, we provide everyone in need of a will in Michigan last will and testament template with a printable PDF form that you can easily download on our website. Also, use our stage-by-stage builder to create a personalized last will.

Regulatory Requirements for a Valid Last Will

To ensure that your last will and testament is acceptable, write your will considering the following legislative requirements laid out in Act 386 of 1998 of the Michigan legislature:

  1. The testator or estate-leaver – the individual who creates the will – should be of the age of majority or older, be of sound mind, and compose a will of their own accord.
  2. The one who devises estate should allocate the legal guardian if the testator leaves behind minor descendants. It is also crucial to assign the executor – a reliable person who will control your last will’s execution.
  3. The estate-leaver has to sign this legal document personally. If they cannot do so, someone else can sign it, but only in the presence of the testator, and following their instructions.
  4. At least a couple of witnesses must certify this legal paper with their signatures after they have confirmed that the one who bequeaths the property or their representative has signed the last will in concordance with the testator’s directives.
  5. A valid last will and testament should contain a list of beneficiaries.
  6. The will must be in writing. In Michigan, the state acknowledges written will only. It also acknowledges wholly handwritten wills as long as the handwriting on the whole document (material, signature, and date) belongs to the testator.
  7. You are allowed to alter this legal instrument anytime you want by using the codicil in the same way as the previous version of the will.
  8. Revocation of the last will is also possible by creating a new will or destroying the paper.

In case you experience issues with writing the last will on your own, use our free Michigan last will and testament template to enhance the process for yourself. You can quickly find it online on our site. The form is fillable, which will save you time on drawing up such a legal paper.

Since Michigan acknowledges the last wills executed in written form only, ensure that the document’s text, the signature, and the date are provided by none other than the estate-leaver. Keep in mind that even if you make your will following all the rules, the probate court (P.C.) will still have to validate your document’s contents.

Yet, when dealing with a small property, the executor can use an affidavit to give the inheritance to the beneficiaries listed in the will.

Exceptions in the Estate Distribution

According to the laws of the State of Michigan, surviving marital partners can claim an elective share, which represents half of the amount of money or share given to a significant other if the decedent hasn’t written a will. Such a legislative provision is intended to protect the deceased person’s surviving spouse from being deprived of the inheritance.

Why Have a Last Will When You Have a Living Will?

The thing is, these two documents are not interchangeable. The last will comes into effect only after your death. A living will can only be fulfilled when you are alive but unable to do certain things or make some vital decisions or mentally or physically disabled.

What Happens If I Die Without a Last Will?

By analogy with other states, in the absence of a Michigan last will and testament, the intestacy laws are invoked, which means that the decedent’s verbal last wishes won’t be respected.

Under such laws, the state makes the surviving significant other the primary legatee, unless minors are involved. If the testator leaves behind a spouse and offspring, the inheritance is split between them. With no marital partners left behind, the descendants of the estate-leaver become their main successors.

In case there are no surviving spouses, kids, or even parents, the testator’s earthly possessions are distributed among their relatives.

If you are ready to create the last will today, resort to our free Michigan will form to get started.

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