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You’ve probably heard the story where someone writes their final wishes on a piece of paper or a napkin, signs it, and that’s their will. No lawyer, no notary, no fees, and no fuss. But can you do this in Michigan and expect it to hold up in court? The short answer is that sometimes yes, but it is often not without serious risks.
Let’s break down what Michigan law says about handwritten wills, what pitfalls you should avoid, and why getting professional help is almost always the smarter move.
A holographic will is the legal term for a will that’s entirely handwritten by the person making it. Unlike a professionally drafted will, it usually doesn’t require witnesses or notarization to be legally valid in Michigan.
Under Michigan law, specifically MCL 700.2502, a handwritten will can be considered a valid holographic will even if it is not witnessed. To meet these legal requirements, the will must be dated and signed by the person making it. The material portions, which are the parts that describe how the estate should be distributed, must be written in the person’s handwriting. There must also be clear evidence that the person intended the document to serve as their last will and testament. If any sections are not in the person’s handwriting, additional evidence is required to show that those parts were meant to be included.
Thus, Michigan does allow a handwritten will to be a valid will. However, there are several myths and misconceptions about taking this as a shortcut when drafting your estate plan.
Misconception 1: “If I write my own will and sign it, it’s automatically valid.”
Not quite. If the document is missing key elements, such as a signature or a clear statement indicating it’s a will, it may be rejected.
Misconception 2: “I don’t need witnesses, so I’m good.”
That’s technically true for a holographic will but having no witnesses means there’s no one to confirm that you were of sound mind or not under pressure to write the will. This makes it very easy for someone to challenge your will later, costing your intended beneficiaries time, money, and emotional exhaustion. Moreover, if there is no other extrinsic evidence that you intended for the document to be your will, it can be contested or thrown out by the court.
Misconception 3: “A handwritten will avoids probate.”
No. All wills, whether handwritten, typed, or otherwise permanently notated, must go through the probate court in Michigan.
Misconception 4: “It’s better than nothing.”
Sometimes. If a handwritten will is confusing, vague, or incomplete, it can create more complications and delays than if the estate had simply gone through probate under Michigan’s intestate succession laws, which determine how assets are distributed when there is no will. Moreover, the handwritten document will likely not include a provision on what should happen if you are still living but incapacitated. There are then questions of who can help you with financial and healthcare decisions without a valid durable power of attorney and healthcare power of attorney.
After Aretha Franklin’s death, multiple handwritten wills were discovered in her home. This led to a legal dispute among her sons that lasted five years before a jury ultimately decided how her assets would be divided. It is unlikely that Franklin intended for her passing to result in such an emotionally and financially exhausting battle. Had she worked with an estate planning attorney to create a properly executed will from the beginning, her estate likely could have avoided the prolonged conflict that followed.
Let’s say you’ve written your own will. What could go wrong? The first is the ambiguity of the will’s language. Vague language like “my stuff goes to my kids” leaves way too much room for interpretation. Another misstep is by missing key roles. You might forget to name an executor or backup guardians for your kids. Thirdly, writing your own will can create questions regarding your capacity or if there was undue influence in drafting the will. Without witnesses or a notary, it’s easier for someone to claim you weren’t mentally fit or under the influence of a child when you wrote it. Further, there is no built-in legal strategy. Therefore, you might miss out on important tools like trusts, powers of attorney, or tax-saving strategies. Lastly, and most commonly, it might not even get found. If no one knows where your handwritten will is, or if it gets lost or otherwise destroyed, it might as well not exist.
This is not to say handwritten wills are always bad. In an emergency, such as a sudden illness or travel situation, it might be the only option. If it’s well-written, clearly signed, and includes all the legally required elements, it could still work. That said, it’s best used as a temporary placeholder. As soon as you’re able, get a professional plan in place that covers all the bases.
If your handwritten will includes real estate, don’t forget about Michigan’s Property Transfer Affidavit (PTA). Anytime property changes hands, even if it’s gifted through a will or Lady Bird deed, a PTA needs to be filed with the local assessor’s office within 45 days of the transfer.
Skipping this form can cause uncapped property taxes, which means your loved ones might be hit with a huge tax increase they weren’t expecting.
Example: You leave your East Lansing home to your children, but no PTA is filed. The taxable value resets, and her property taxes skyrocket. A simple oversight, but one that could cost thousands.
Estate planning doesn’t have to be scary or overwhelming. A good plan can bring a huge sense of peace—because you know your wishes are legally clear and your loved ones won’t be left untangling a mess.
Working with an estate planning attorney means:
If you’ve handwritten your will, that’s a great first step, but you should not stop there. We can help you turn your wishes into a secure, legally sound plan that will protect your loved ones. Whether it’s reviewing what you’ve written, updating an old will, or starting from scratch, we’re here to guide you through it. Reach out to Leydorf Law Firm to schedule a consultation and take the next step in safeguarding your legacy.
