Michigan allows individuals who are 18 years of age or older and considered to be of sound mind to make a will. A will is a legal document that provides instructions for how an individual wants his or her property to be distributed upon his or her death. An executor, or rather, the person in charge of making sure that everything is done to the individuals wishes is also appointed. There are three types of wills that are considered legal in the state of Michigan.
These wills include:
Self-Proving will. A self-proving will is a type of will typically created by an individual and signed by two witnesses. The individual must actually tell the witnesses that the document is a will. For this type of will to be considered valid, the signing of the will must be made in front of an officer authorized to administer oaths under the laws of the state in which the execution occurs and the witnesses must provide sworn statements.
Holographic will. A holographic will is a legal document handwritten by an individual. It does not have to be witnessed. Holographic wills are generally considered to be valid as long as the will has been dated and has the individual’s signature.
Statutory will. A statutory will is typically what is known as a “fill-in-the-blanks” type of document. It is typically used by those who have a relatively small estate to leave and little other assets. The requirements for filling out the will are stated in the document. Individuals can usually find these type of wills at a stationery store or through their state legislator.
Formal will. A formal will is the most common type of will filed in probate. Formal wills are generally drawn up by an attorney who ensures that the contents of the will are legal and valid in the state of Michigan. These types of wills are signed by the individual for whom the will was created and are signed by two witnesses.
Individuals who are interested in learning more about wills may find valuable information on our website.