Estate plan requirements

Michigan

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

Requirements at a glance

Document	Witnesses	Notary
Will	2 required	Recommended
Living trust	None required	Recommended
Power of attorney	2 required, or notary	Alternative to witnesses
Healthcare directive	2 required	Not required

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Michigan content last reviewed August 16, 2026.

News

Recent changes in Michigan

July 1, 2024POA

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 §§700.5501-700.5505Source

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

ViewWitness disqualification / interested-witness rule

Mich. Comp. Laws §700.2505: an individual generally competent to be a witness may act as a witness to a will, and the signing of a will by an interested witness does not invalidate the will or any provision of it. Michigan follows the UPC rule and has no purge statute, so a gift to an attesting witness remains effective. Using witnesses who take nothing under the will is still the safer practice.

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

Certification of trust: MCL §700.7913

Michigan lets your trustee prove the trust to a bank, brokerage, title company, insurer, or transfer agent with a short certification instead of the trust itself. It states that the trust exists, who the trustee is, and what the trustee may do, and it leaves out who inherits and what each person receives. Will.com generates the Michigan Certification of Trust with your trust, built to the contents that section requires. Sign it in front of the same notary, at the same sitting as the trust. The same section also says what happens if someone demands the trust itself anyway. MCL §700.7913(8) provides that a person that makes a demand for the trust instrument in addition to a certificate of trust or excerpts is liable for damages, costs, expenses, and legal fees if the court determines that the person that made the demand did not act pursuant to a legal requirement to demand the trust instrument.

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

Statutory Form Power of Attorney

MCL §§556.201 to 556.505 (Uniform Power of Attorney Act); statutory form at MCL §556.401

Last verified: 2026-08-28

Witnesses: 2 required, or notary

Michigan accepts either 2 witnesses or notarization for a durable power of attorney

Notarization: Accepted as alternative to witnesses

To be effective, a Michigan power of attorney need only be signed by the principal, or by another individual in the principal's conscious presence and at the principal's direction (MCL §556.205(1)). To be DURABLE, a principal-signed power must either (a) be acknowledged by the principal before a notary public or other individual authorized to take acknowledgments, or (b) be signed in the presence of 2 witnesses who both also sign the power (MCL §556.205(2)). A witness may not be an agent nominated in the power (§556.205(2)(b)(i)), and one of the witnesses may be the individual who acts as the notary (§556.205(2)(b)(ii)). A power signed by a directed proxy must be signed in the presence of 2 witnesses regardless of whether it is acknowledged (§556.205(3)). UPOAA, 2023 PA 187, effective July 1, 2024; the former financial-POA sections were repealed by that act, effective the same date (MCL §§700.5501 to 700.5505).

State-specific notes

•Michigan adopted the Uniform Power of Attorney Act by 2023 PA 187, effective July 1, 2024; that act repealed the former EPIC durable-POA sections (MCL §§700.5501 to 700.5505)

•Durability is conditional, not automatic. A power executed with one of the two durability formalities is durable unless it expressly provides that it terminates on the principal's incapacity, and a power executed without either one is NOT durable (MCL §556.204). So a power that is neither acknowledged before a notary nor signed in the presence of 2 witnesses who both also sign is effective but not durable, whatever the instrument recites about incapacity (MCL §556.205(1) to (3))

•A Michigan power signed before 2 witnesses but not acknowledged before a notary is not entitled to the presumption of genuineness, and it is not an acknowledged power for the third-party acceptance rules (MCL §556.205(4) and (5)). That puts it outside those rules in the ways that matter: both the 7-business-day acceptance duty and the court-order-plus-attorney-fees remedy are keyed to an acknowledged power (MCL §556.220(1) and (4)). One protection is not so limited, because a person asked to accept any durable power may require the agent's acknowledgment first (MCL §556.219(3)). Notarizing is the route that keeps the full acceptance machinery available

•Third-party acceptance and refusal of a Michigan UPOAA power of attorney are governed by statute (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

•Michigan's UPOAA supplies an optional statutory form power of attorney in Article 3, effective July 1, 2024. The statute provides that a document substantially in that form may be used, so the form is permissive rather than mandatory, and a power of attorney that does not follow it is valid so long as it meets the execution requirements. The form opens with an IMPORTANT INFORMATION notice addressed to the principal (MCL §556.401)

•Michigan's Fiduciary Access to Digital Assets Act still points at a repealed section. Before a digital custodian discloses your digital assets to your agent it may require an affidavit from the agent under section 5505 of the estates and protected individuals code (MCL §700.1009(c) and §700.1010(c)). That section was repealed, with the rest of the former durable-power-of-attorney article, by 2023 PA 187 effective July 1, 2024, the same act that enacted the Uniform Power of Attorney Act (MCL §§700.5501 to 700.5505). The surviving cross-reference is the Agent's Acknowledgment, which an agent must execute before exercising authority under a durable power of attorney, in substantially the template the statute supplies (MCL §556.213(2) and §556.402). That acknowledgment is part of the power of attorney this packet generates, so expect a digital custodian to ask for it alongside the written request, a copy of the power of attorney, and an account identifier or evidence linking the account to the principal

ViewStatutory categories (23)

General categories: Real Property Tangible Personal Property Stocks and Bonds Commodities and Options Banks and Other Financial Institutions Operation of Entity or Business Insurance and Annuities Estates, Trusts, and Other Beneficial Interests Claims and Litigation Personal and Family Maintenance Benefits from Governmental Programs or Civil or Military Service Retirement Plans Taxes All Preceding Subjects (regardless of whether any of the preceding subjects are initialed) Powers that must be granted separately: Create, amend, revoke, or terminate an inter vivos trust (MCL §556.301(1)(a)) Make a gift as limited by section 217 of the uniform power of attorney act, MCL 556.317, and any special instructions in this power of attorney (MCL §556.301(1)(b)) Create or change rights of survivorship by, for example, creating a joint account (MCL §556.301(1)(c)) Create or change a beneficiary designation (MCL §556.301(1)(d)) Authorize another person to exercise the authority granted under this power of attorney (MCL §556.301(1)(e)) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan (MCL §556.301(1)(f)) Exercise fiduciary powers that the principal has authority to delegate (MCL §556.301(1)(g)) Access the content of electronic communications (MCL §556.301(1)(h)) Exercise authority over any "bank, securities, or other financial account in a foreign country" within the meaning of 31 CFR 1010.350 (MCL §556.301(1)(i))

Patient Advocate Designation

Mich. Comp. Laws §700.5506 through §700.5515

Witnesses: 2 required

Two witnesses required: the designation must be executed in the presence of and signed by 2 witnesses (MCL §700.5506(4)); notarization is not a statutory alternative

Notarization: Not required

Notarization is not required but may be accepted

Document sections

Mental health authorization

State-specific notes

•Disqualified witnesses (MCL §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 (excluding a successor advocate as well is prudent practice, not a §700.5506(4) requirement); 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. "Home for the aged" carries the narrow licensed meaning the public health code gives it, a supervised personal care facility for 21 or more unrelated residents aged 55 or older, and it excludes nursing homes, adult foster care facilities and county medical care facilities, so an employee of one of those is not disqualified on this ground, though such an employee may still be disqualified as an employee of a health facility treating the patient. A witness shall not sign unless the patient appears to be of sound mind and under no duress, fraud, or undue influence

•The two witnesses have no statutory age requirement, so using adults is prudent practice rather than statute (MCL §700.5506(4)); the patient and the patient advocate must each be 18 or older (MCL §700.5506(1))

•Drafting trap: the patient-advocate disqualification list (Mich. Comp. Laws §700.5506(4)) is far broader than the rule for will witnesses, under which an individual generally competent to be a witness may witness a will and the signing of a will by an interested witness does not invalidate the will or any provision of it (Mich. Comp. Laws §700.2505). Do NOT reuse the will witnesses for the patient-advocate designation without checking each witness against that disqualification list (MCL §700.5506(4))

•A Michigan patient advocate designation is inert until it is made part of the patient's medical record, which the statute requires before implementation, and the designation must itself state that the authority is exercisable only when the patient is unable to participate in medical or mental health treatment decisions (MCL §700.5506(3))

•Before acting, the designated patient advocate must sign a written acceptance, and a copy of the designation must be given to the proposed advocate before implementation (MCL §700.5507(4)). The acceptance must contain ten statements, including the pregnancy limitation and the clear-and-convincing withhold-or-withdraw acknowledgment (MCL §700.5507(5))

•Mental-health treatment authority has two extra gates. A patient may waive the right to revoke as to mental-health treatment decisions, but treatment shall not continue for more than 30 consecutive days after the patient communicates an intent to revoke (MCL §700.5515(1)). The advocate may exercise mental-health treatment powers only if a physician AND a mental health practitioner both certify in writing, after examining the patient, that the patient cannot give informed consent (MCL §700.5515(2))

•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

ViewMental health authorization wording

Michigan carries mental health treatment authority inside the Patient Advocate Designation itself. Mich. Comp. Laws §700.5506(1) lets the designation cover mental health treatment decisions as well as medical ones, and §700.5506(3) requires the document to say that the authority is exercisable only when the patient cannot participate in those decisions. Two extra conditions apply before a patient advocate can use the mental health power. Under Mich. Comp. Laws §700.5515(2) a physician and a mental health practitioner must both certify in writing, after examining the patient, that the patient is unable to give informed consent to mental health treatment. Under §700.5509(1)(h) the advocate may consent to forced administration of medication, or to inpatient hospitalization other than as a formal voluntary patient, only where the patient expressed that authority in a clear and convincing manner. A patient may waive the right to revoke as to mental health treatment decisions (§700.5515(1)), but treatment cannot continue more than 30 consecutive days after the patient communicates an intent to revoke.

ViewWitness disqualification recital

Mich. Comp. Laws §700.5506(4): the patient advocate designation must be executed in the presence of and signed by two witnesses. A witness may not be the patient's spouse, parent, child, grandchild, sibling, presumptive heir, known devisee at the time of the witnessing, physician, or patient advocate, nor an employee of a life or health insurance provider for the patient, of a health facility that is treating the patient, of a home for the aged as defined in Mich. Comp. Laws §333.20106 where the patient resides, or of a community mental health services program or hospital providing mental health services to the patient. A witness may not sign unless the patient appears to be of sound mind and under no duress, fraud, or undue influence.

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Disposition of Remains Authorization

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

Military service: If you are in military service and have named someone on a DD Form 93, Michigan law puts that person ahead of the agent you name here for a death in service. The authorization itself names the section.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive. The free packet includes it too whenever it has a healthcare directive.

In this state: Cites the Michigan Mental Health Code at Mich. Comp. Laws §330.1748(6) for mental-health records, and the Public Health Code at §333.5131(5)(d), which lifts confidentiality for a disclosure authorized in writing only where the authorization is specific to HIV or AIDS, as this one is. Note that under §330.1748(6)(b) a release to anyone other than a provider of mental health services does not go ahead if the holder judges in writing that it would be detrimental to you or to others, so your consent alone may not compel it. State-protected substance-use records are not released here: §330.1262(3) calls for a form specified by the department, which this document is not, so the treatment program supplies its own consent, alongside the 42 CFR Part 2 carve-out in Section III for federally assisted programs.

Designation of Guardian of the Person and Conservator of the Estate

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	Included in free	Included in paid tier
State-specific signing guide	Included in free	Included in paid tier
Download as PDF, print forever	Included in free	Included in paid tier
Secure online storage	Not in free	Included in paid tier
Covers real estate, business, digital, and funeral wishes	Not in free	Included in paid tier
Disposition of remains authorization	Not in free	Included in paid tier
Standalone HIPAA authorization	Not in free	Included in paid tier
Nomination of conservator	Not in free	Included in paid tier
Business succession declaration	Not in free	Included in paid tier
Real-estate retitling checklist	Not in free	Included in paid tier
Special needs trust provisions	Not in free	Included in paid tier
Letter of instruction, pre-filled and editable	Not in free	Included in paid tier
Edit anytime	Not in free	Included in paid tier
Annual review reminder	Not in free	Included in paid tier

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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)

For the paper documents Will.com produces, Michigan does not allow remote online witnessing. 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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