Protect Your Legacy
In Michigan, having a will allows you to control your legacy. It ensures your assets go to the people you choose, allows you to name guardians for your children, and lets you select a trusted executor. Without a will, however, state law (intestate succession) controls these decisions. As a result, your wishes may not be followed, which can lead to costly probate, family disputes, or assets going to unintended individuals.
A valid will is a written, signed, and witnessed document that directs the probate court after your death.
Key Reasons for a Michigan Will
Directs Asset Distribution: You decide who receives your property—such as money, real estate, and personal belongings—instead of relying on state law.
Appoints a Personal Representative (Executor): Additionally, you can choose a trusted person to manage your estate and carry out your wishes.
Names Guardians for Minor Children: Most importantly, you decide who will care for your children if they are under 18.
Prevents Intestacy: Without a will, Michigan law determines who inherits your assets. This may unintentionally exclude loved ones or benefit individuals who are not prepared to manage those assets.
Reduces Family Conflict: Clear instructions help minimize disputes and provide direction during an already difficult time.
What Happens Without a Will (Intestacy)
When someone dies without a will, the court follows Michigan’s Estates and Protected Individuals Code (EPIC) (MCL 700.2101 et seq.).
Typically, assets pass in the following order:
First, to a surviving spouse
Second, to children
Third, to parents
Last, to siblings
In addition, the court appoints a personal representative. This person may not be someone you would have chosen.
Key Requirements for a Valid Michigan Will
To be valid in Michigan, a will must meet the following requirements:
It must be in writing.
It must be signed by you.
It must be signed by at least two adult witnesses.
You must be at least 18 years old and mentally competent when signing.