A Michigan will takes a writing, your signature, and two witnesses. MCL 700.2502 is flexible about what the witnesses observe — your signing, your acknowledgment of the signature, or your acknowledgment of the will all count — and specific about when they sign: within a reasonable time after witnessing.
What MCL 700.2502 requires
The will must be in writing, signed by you or in your name by some other individual in your conscious presence and by your direction, and signed by at least two individuals.
Each of those two must sign within a reasonable time after having witnessed either your signing of the will, or your acknowledgment of that signature, or your acknowledgment of the will.
- In writing.
- Signed by you, or in your name by another in your conscious presence and by your direction.
- Two witnesses.
- Each signs within a reasonable time after witnessing.
'Conscious presence' is the phrase to notice
Michigan uses conscious presence rather than physical line of sight. If someone signs for you at your direction, they must do so where you are aware of it — the standard is about your awareness, not about eyeshot.
The self-proving affidavit
MCL 700.2504 provides the self-proving procedure. You and both witnesses swear to it before a notary public, and a self-proved will can usually be admitted to probate without locating the witnesses years later.
It is optional. A will with no affidavit is still a valid Michigan will.
Who can serve as personal representative
MCL 700.3203 sets priority for appointment, and MCL 700.3204 says a person is not qualified if they are under 18 or if the court finds them unsuitable in formal proceedings. An objection to an appointment can be made only in a formal proceeding.
Frequently Asked Questions
Do my witnesses have to watch me sign?
No. MCL 700.2502 accepts a witness who saw you sign, or who witnessed your acknowledgment of the signature, or your acknowledgment of the will.
How soon do witnesses have to sign?
Within a reasonable time after witnessing. Signing at the same sitting is the cleanest record and avoids the question entirely.
Does a Michigan will need a notary?
Not for validity. A notary is needed only for the optional self-proving affidavit under MCL 700.2504.
Can my personal representative be a minor?
No. MCL 700.3204 disqualifies a person under 18, and also anyone the court finds unsuitable in formal proceedings.