Estate plan

Michigan

Everything to plan your estate in Michigan: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Michigan, all for $29/year.

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Michigan content last reviewed May 18, 2026.

Will

2W

Trust

POA

2W

HC Directive

2W

E-will

Not adopted

RON

Limited

Since 2018, not all documents

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
News

Recent changes in Michigan

POA

Michigan adopts the Uniform Power of Attorney Act

Michigan's UPOAA replaces prior durable power of attorney provisions in the Estates and Protected Individuals Code. Clarifies agent duties, durability presumption, and third-party acceptance rules.

MCL 700.5501-5505Source →
1

Will

Mich. Comp. Laws §700.2501 et seq.

Witnesses: 2 required

Two witnesses must sign within a reasonable time after witnessing the testator's signing or acknowledgment (MCL §700.2502(1)(c))

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 §§700.7401–700.7402)
Deeds and other documents used to fund the trust require separate execution formalities
3

Durable Power of Attorney

Witnesses: 2 required, or notary

Michigan accepts either 2 witnesses or notarization for power of attorney execution

Notarization: Accepted as alternative to witnesses

Either two witnesses OR acknowledgment before a notary. Mich. Comp. Laws §556.205(2) (UPOAA, effective July 1, 2024; superseded former §700.5501)

State-specific notes

Michigan adopted the Uniform Power of Attorney Act in 2024
Durability is presumed unless the instrument states otherwise
A signature witnessed under MCL §556.205(2)(b) but not acknowledged before a notary is NOT entitled to the presumption of genuineness under §556.205(4)–(5); as a practical matter, third parties are more likely to refuse a witnesses-only POA because the good-faith reliance shield in MCL §556.219 keys off an acknowledged power
Third-party acceptance and refusal of a Michigan UPOAA power of attorney are governed by MCL §§556.219 and 556.220. An accepting party may request (a) an agent's certification under penalty of perjury, (b) an English translation, and (c) an opinion of counsel, before honoring the instrument; permissible refusal grounds are enumerated in §556.220. Michigan does not provide an 'indemnity' remedy
4

Patient Advocate Designation (non-statutory document-type label; no state-issued statutory form exists)

Mich. Comp. Laws §§700.5506–700.5515

Witnesses: 2 required

Michigan requires 2 witnesses

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

Two adult witnesses required (MCL §700.5506(4)); notarization is not a statutory alternative
Disqualified witnesses under §700.5506(4): the patient's spouse, parent, child, grandchild, sibling; a presumptive heir or a known devisee at the time of witnessing; the patient's physician; the patient advocate or successor patient advocate; an employee of the patient's life or health insurance provider; an employee of a health facility treating the patient; an employee of a home for the aged where the patient resides; and an employee of a community mental health services program or hospital providing services to the patient
Drafting trap: the §700.5506(4) disqualification list is far broader than the will-witness rule (which permits interested witnesses under §700.2505). Do NOT reuse the will witnesses for the patient-advocate designation without checking each witness against the §5506(4) disqualifications
Before acting, the designated patient advocate must sign a written acceptance reciting the statutory acknowledgments (MCL §700.5507(4))
Michigan does not publish a single state-issued statutory fill-in form; the State Bar of Michigan, MSMS, and MHA jointly publish a widely used model patient advocate designation
Subscription

6 more documents with a subscription

$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

In this state: Cites the Michigan Mental Health Code (Mich. Comp. Laws §§330.1748 (mental health) and 330.1262 (substance-use records, anchored in §330.1261)) and the Michigan Public Health Code (§333.5131 (HIV)), plus 42 CFR Part 2 (federally assisted SUD programs).

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

Free
Paid
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Secure online storage
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime
Annual review reminder
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Electronic will status

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

Digital assets access

Michigan has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Michigan authorized RON in 2018.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Michigan does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

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.

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