Estate plan requirements

Michigan

Everything you need to create a valid estate plan in Michigan: wills, trusts, powers of attorney, and healthcare directives.

Will

2W

Trust

POA

2W

Healthcare Dir.

2W

E-will

Not adopted

Online notary (RON)

Authorized

Since 2018

Remote witnessing (ROW)

Not authorized

Community property

No

Minimum age

18

2W + N = 2 witnesses + notarization2W = 2 witnesses, no notarization
N = notarization, no witnesses = no formal requirements
1

Will

Witnesses: 2 required

Two witnesses must sign within reasonable time after witnessing testator's signing or acknowledgment

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Valid

Handwritten wills without witnesses are recognized in Michigan

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

State-specific notes

Michigan does not impose a general witness or notarization requirement for trust validity (MCL 700.7402, MCL 700.7407)
Deeds and other documents used to fund the trust require separate execution formalities
3

Durable Power of Attorney

Witnesses: 2 required

Michigan requires 2 witnesses for power of attorney execution

Notarization: Not required

Notarization is not required but may be recommended

Alternative to witnesses: Notary acknowledgment

Either two witnesses OR acknowledgment before a notary — Mich. Comp. Laws §700.5501

State-specific notes

Michigan adopted the Uniform Power of Attorney Act in 2024
Durability is presumed unless the instrument states otherwise
4

Healthcare Directive

Witnesses: 2 required

Michigan requires 2 witnesses for healthcare directive execution

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

Two witnesses required — Mich. Comp. Laws §700.5506
Witnesses cannot be the agent, relatives, or heirs

Electronic will status

Michigan has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Remote online notarization

Michigan authorized remote online notarization (RON) in 2018. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Michigan for guidance specific to your situation.