Practical examples of Michigan will witness requirements examples

Real-life examples of Michigan will witness requirements examples

Michigan is more flexible than many states because it recognizes both traditional witnessed wills and holographic (handwritten) wills. But that flexibility often confuses people. Walking through real examples of Michigan will witness requirements examples is the best way to see how the rules actually work in 2024–2025.

Under MCL 700.2502, a standard typed will is valid in Michigan if:

• The testator (person making the will) is at least 18 and of sound mind.
• The will is in writing.
• The testator signs the will (or someone signs at the testator’s direction and in their conscious presence).
• At least two witnesses sign the will within a reasonable time after witnessing the testator sign or acknowledge the will.

Michigan also recognizes a holographic will under MCL 700.2502(2) even without witnesses, as long as the material portions and signature are in the testator’s handwriting and the document shows testamentary intent.

Let’s walk through specific, practical examples.

Example of a textbook Michigan witnessed will signing at home

Imagine Maria, age 45, in Grand Rapids. She typed her will using an online template. Here’s how she signs it correctly under Michigan law:

Maria invites her neighbor, Tom, and her coworker, Denise, to her kitchen table. She tells them plainly, “This is my will.” She signs on the last page in blue ink. Tom and Denise watch her sign. Then, while Maria is still in the room, Tom and Denise each sign on the witness lines, adding their addresses.

This is one of the best examples of Michigan will witness requirements examples done correctly:

• Two adult witnesses are present.
• Both see Maria sign, and she clearly acknowledges the document as her will.
• The witnesses sign shortly after Maria signs, in her presence.
• Neither witness is required to read the will; they just need to know it is a will.

If this will is later filed in probate court, it should be accepted as a valid witnessed will under EPIC, assuming no issues with capacity or undue influence.

Example of a Michigan will where a beneficiary is also a witness

Now take a trickier situation. Jamal, a Detroit resident, leaves everything to his sister, Aisha. He asks Aisha and his friend Brian to witness his will.

They meet at Jamal’s apartment. Jamal signs the will. Aisha and Brian both sign as witnesses, in Jamal’s presence.

People often assume this invalidates the will. In many states, a beneficiary-witness can lose their inheritance or create presumptions of undue influence. But under Michigan law, this is still a valid will. The statute does not automatically void a gift to a witness.

However, this is not best practice. If a dispute arises, opposing family members may argue that Aisha pushed Jamal to sign the will. Michigan courts can consider witness-beneficiary relationships when evaluating undue influence.

So while this scenario is legally acceptable, better examples of Michigan will witness requirements examples use disinterested witnesses—people who are not named in the will and have nothing to gain.

Example of a Michigan will signed at a bank with a notary present

Many people assume “notarized” automatically means “valid.” In Michigan, that’s not quite right.

Consider Ron, age 60, who goes to his local credit union in Lansing with a typed will. A notary is available, but there are no extra staff members around.

Ron signs in front of the notary. The notary stamps the document and signs as a notary but no other person signs as a witness.

Here’s the problem:

• Michigan does not require notarization for a will.
• Michigan does require two witnesses for a standard typed will.
• A notary can also serve as one of the witnesses, but you still need a second witness.

So in this example, Ron’s will is not properly executed as a witnessed will. If the will is later challenged, the court might have to rely on Michigan’s harmless error rule (MCL 700.2503), which lets judges overlook certain defects if there is clear and convincing evidence Ron intended this document to be his will.

Better practice—and better examples of Michigan will witness requirements examples—would be:

• Ron signs in front of the notary and a second credit union employee.
• Both the notary and the second employee sign as witnesses.
• The notary can still notarize a separate self-proving affidavit if desired.

Example of a Michigan holographic will with no witnesses

Michigan is relatively friendly to handwritten wills. Here’s how that plays out.

Evelyn, age 82, in Traverse City, writes the following on a piece of notebook paper in her own handwriting:

“I, Evelyn Foster, leave my house at 123 Pine Street to my son Michael and the rest of my property to my daughter Laura. This is my will. Signed, Evelyn Foster. Dated March 3, 2025.”

She signs it and puts it in her desk drawer. There are no witnesses.

Under MCL 700.2502(2), this can be a valid holographic will in Michigan because:

• The material portions (who gets what) are in Evelyn’s handwriting.
• She signed the document.
• The language clearly shows testamentary intent (“This is my will”).

This is one of the clearest examples of Michigan will witness requirements examples where no witnesses are required—because the will qualifies as holographic.

However, holographic wills can spark more litigation over handwriting authenticity or alleged alterations. Courts may need handwriting experts or testimony from people who knew Evelyn’s writing style.

Example of a Michigan will signed via remote witnessing (COVID-era trend)

During the COVID-19 pandemic, Michigan temporarily allowed remote witnessing and notarization by executive orders and legislation. Those orders have expired, but they triggered a long-term trend: people now expect digital solutions.

By 2024–2025, Michigan still does not have a fully adopted, permanent electronic wills statute like some other states. That means:

• A traditional Michigan will still needs two witnesses.
• The safest practice is in-person signing.
• Some estate planning attorneys may use video calls as extra evidence of intent, but they still arrange for in-person witness signatures or follow any updated state guidance if it changes.

So if Sarah in Ann Arbor signs a PDF on her laptop while two friends watch over Zoom—and no one signs a physical copy in her presence—that will is on very shaky ground under current Michigan law.

The best examples of Michigan will witness requirements examples in the post-pandemic era still involve physical signatures by the testator and two witnesses on the same document, even if video is used as a backup record.

You can watch for any updated guidance through the State Court Administrative Office and the Michigan Legislature site:

• Michigan Legislature (EPIC text): https://www.legislature.mi.gov
• Michigan Courts: https://www.courts.michigan.gov

Example of a will signing in a Michigan nursing home

Capacity and undue influence issues show up frequently in nursing home or assisted living settings.

Picture Harold, age 89, in a Kalamazoo nursing home. He wants to change his will to leave more to his longtime caregiver, Mark, who is not a family member. A facility social worker, Jenna, and a nurse, Olivia, agree to serve as witnesses.

Harold reads the will, says “This is what I want,” and signs slowly but clearly. Jenna and Olivia watch him sign and then sign as witnesses.

Legally, this can be a valid will under Michigan law:

• Two adult witnesses observed the signing.
• Harold acknowledged the document as his will.
• The witnesses signed within a reasonable time.

But in probate, Harold’s children might argue that Mark exerted undue influence. A court would look at factors like Harold’s mental state, his dependence on Mark, and whether Harold had independent legal advice.

This example shows why the choice of witnesses matters. Even though Michigan law doesn’t require disinterested witnesses, best practice—especially in sensitive settings—is to use witnesses with no financial interest and no close relationship to the main beneficiary.

Example of a Michigan will with missing witness signatures on one page

Another subtle issue: multi-page wills.

Lena signs a 10-page will prepared by her attorney in Flint. The signature block is on page 10. She signs on that page, and the two witnesses sign below her.

Later, someone staples a new page 7 into the will to change a gift. That page is not initialed or dated. The witnesses never saw or signed that replacement page.

In probate, the court may have to decide whether that altered page is part of the will. The witness requirements technically apply to the will as a whole, not each page, but suspicious page swaps can invite challenges.

Better examples of Michigan will witness requirements examples for multi-page documents include:

• The testator and witnesses initialing each page.
• The will being securely bound and clearly paginated (e.g., “Page 1 of 10”).
• Any later changes being done by formal codicil with fresh witness signatures.

Example of a self-proving affidavit in Michigan

Michigan allows a self-proving affidavit, which is a separate sworn statement that makes probate easier. It does not replace witnesses; it simply avoids having to track them down later.

For example, Priya signs her will in Troy with two coworkers as witnesses. Immediately afterward, all three sign a self-proving affidavit in front of a notary. The affidavit states that Priya signed the will voluntarily, with capacity, and that the witnesses saw her sign.

Later, when Priya dies, the probate court can accept the will without calling the witnesses to testify, because the will is “self-proved” under MCL 700.2504.

This is one of the best examples of Michigan will witness requirements examples in practice:

• Two witnesses sign the will itself.
• All parties sign a separate, notarized affidavit.
• The affidavit supplements, but does not replace, the witness requirement.

Guidance on self-proving wills and probate procedure can be found through the Michigan Courts and county probate court websites.

Common mistakes shown through examples of Michigan will witness requirements examples

Looking across these scenarios, a few patterns stand out.

One common mistake is relying on a notary alone. A will with only a notary stamp and no second witness is vulnerable, even if the notary thought they were “making it official.” Another frequent error is having only one witness because the testator assumed one signature was enough. Michigan’s statute is clear: two witnesses for a typed will.

People also underestimate the risk of using interested witnesses. While Michigan doesn’t automatically punish gifts to witnesses, it does invite conflict. When a main beneficiary also signs as a witness, other heirs almost always question the circumstances.

Finally, informal “kitchen table” changes—crossing out lines, writing in new gifts, or swapping pages—can undermine an otherwise valid will. Michigan’s harmless error rule sometimes saves these documents, but that usually requires litigation, affidavits, and extra expense.

The safest pattern, drawn from the best real-world examples of Michigan will witness requirements examples, looks like this:

• A clearly written will, typed or fully handwritten.
• Two adult, disinterested witnesses present at signing.
• Everyone signs on the same day, in the same room, with the testator explicitly acknowledging the will.
• Optional self-proving affidavit notarized at the same time.

For more background on how these formalities protect vulnerable adults, the American Bar Association and major legal education institutions offer accessible explanations of will formalities and capacity:

• American Bar Association – Estate Planning Resources: https://www.americanbar.org/groups/real_property_trust_estate/
• University of Michigan Law Library – Michigan Legal Research: https://www.lib.umich.edu

FAQ: Michigan will witness requirement examples

Q1: Can you give more examples of Michigan will witness requirements examples that are clearly valid?
Yes. A typical clean scenario is a will signed in an attorney’s office in Detroit: the client signs in front of a paralegal and a receptionist, both over 18, neither named in the will. They sign right after the client, and then all three sign a self-proving affidavit before a notary. Another solid example is a simple handwritten holographic will by a college student in Ann Arbor, entirely in their handwriting, clearly dated and signed, leaving property to siblings. No witnesses are needed in that holographic case, but the handwriting must be provable in court.

Q2: What is an example of a bad Michigan will witness situation that still might be saved by the court?
Think of a will signed by the testator in front of two friends, but only one friend actually signs as a witness because the second had to leave early. Later, the second friend is willing to testify in probate that they saw the signing and understood it was a will. Under Michigan’s harmless error rule, a judge might accept that will if there is clear and convincing evidence of the testator’s intent, but the process will be longer, more expensive, and riskier than if both had signed correctly.

Q3: Do witnesses to a Michigan will need to read the will or know what’s in it?
No. Witnesses don’t need to know the contents or agree with the gifts. They just need to know the document is a will, see or hear the testator acknowledge it, and sign within a reasonable time. Many of the best examples of Michigan will witness requirements examples involve witnesses who never saw more than the signature page.

Q4: Can my spouse or adult child serve as a witness in Michigan?
Legally, yes. Michigan does not automatically void gifts to witnesses, so a spouse or adult child can sign as a witness. But from a risk-management standpoint, it’s smarter to use neutral witnesses—friends, coworkers, or staff at a lawyer’s office. That reduces the chance that other relatives will later claim pressure or manipulation.

Q5: If I move to Michigan from another state, do I need to re-sign my old will with Michigan witnesses?
Often you don’t, as long as the will was valid under the law of the state where you signed it. Michigan generally honors wills valid where executed. That said, if your old state had very different rules, or if your family and property are now mostly in Michigan, many attorneys recommend signing a fresh Michigan-compliant will with clear witness signatures to avoid arguments.

Q6: Where can I verify the current Michigan statutes on will witnesses?
You can read the latest text of the Estates and Protected Individuals Code, including the provisions on will execution and witnesses, directly from the Michigan Legislature’s site at https://www.legislature.mi.gov, and you can find procedural guidance on filing wills in probate through the Michigan Courts portal at https://www.courts.michigan.gov.