Does a Will Need to Be Notarized in Michigan: Legal Rules and Practical Guidance

If you are preparing a Michigan will, one of the most common questions is whether a notary must be present when you sign it.

Generally, no. A Michigan will does not have to be notarized simply to be valid. For a standard witnessed will, Michigan law focuses on the written document, the testator’s signature, and the signatures of at least two witnesses. A notary is not listed as a basic requirement for executing an ordinary witnessed will.

However, notarization can still be useful in some circumstances. Michigan law allows a will to be made self-proved, which involves additional formalities before an officer authorized to administer oaths. This can make the later probate process easier because the will’s execution can be established through the self-proving procedure.

Understanding the difference between valid execution and self-proving a will is therefore important.

Does a Will Need to Be Notarized in Michigan?

No. Michigan does not generally require a will to be notarized for the will to be valid.

Michigan’s Estates and Protected Individuals Code provides that a standard will must generally be:

• In writing
• Signed by the testator, or signed in the testator’s name under the circumstances permitted by law
• Signed by at least two individuals who witnessed the required signing or acknowledgment within a reasonable time

A notary is not included in those basic requirements.

Michigan Legal Help similarly explains that a Michigan statutory will becomes legal when it is properly completed and signed with two witnesses and specifically states that a notary is not required.

This means you should not assume that a Michigan will is invalid merely because no notary stamp appears on the document.

What matters more than notarization?

For an ordinary witnessed Michigan will, proper execution matters more than notarization.

If you are using a standard will form or preparing your own document, pay close attention to:

1. Whether the document is in writing.
2. Whether the testator signs it correctly.
3. Whether at least two witnesses properly sign it.
4. Whether the witnesses observe the required signing or acknowledgment.
5. Whether the testator has the legal capacity to make the will.
6. Whether the signing is voluntary and not the result of undue influence or coercion.

These requirements can be much more important to validity than whether a notary was present.

Michigan Will Requirements Explained

A michigan will can take different forms, but Michigan law establishes specific requirements for an ordinary witnessed will.

The will should be in writing

Michigan’s statute generally requires a standard will to be in writing. This means your testamentary instructions should be contained in a written document rather than relying solely on an oral statement.

The testator must sign the will

The person making the will is commonly called the testator.

Michigan law generally requires the testator to sign the will, although the statute also allows another individual to sign in the testator’s name under specified circumstances, including when acting in the testator’s conscious presence and at the testator’s direction.

The signature is therefore an important part of properly executing a Michigan will.

Two witnesses are generally required

For a standard witnessed will, Michigan law requires signatures from at least two individuals who witness the signing of the will or the testator’s acknowledgment of the signature or will. The witnesses must sign within a reasonable time after the relevant event.

Michigan Legal Help also advises that a person should sign the will in front of at least two witnesses and recommends responsible adult witnesses.

The witnesses do not generally have to be notarized

The witness requirement and the notary requirement are separate concepts.

A will can satisfy the ordinary witness requirement without having the witnesses’ signatures notarized.

Michigan law also provides that an individual generally competent to be a witness may act as a witness to a will. Importantly, signing as an interested witness does not automatically invalidate the will or its provisions.

Even though Michigan law does not automatically invalidate a will because of an interested witness, using disinterested, competent adult witnesses can still be a sensible practical choice when preparing a will.

Why Would You Notarize a Michigan Will?

Although notarization is generally not required for basic validity, there is an important reason someone might still choose to use a notary.

The key concept is a self-proved will.

What is a self-proved will?

A self-proved will is a will accompanied by a legally recognized statement or acknowledgment that helps establish the circumstances surrounding its execution.

Michigan law permits a will to be made self-proved through the testator’s acknowledgment and sworn statements of the testator and two witnesses before an officer authorized to administer oaths. Michigan law also provides another method for self-proving through a written statement signed by the testator and witnesses under penalty of perjury.

The important distinction is this:

Notarization is not what makes an ordinary Michigan will valid. Instead, a properly completed self-proving procedure can provide evidentiary advantages later.

Does notarization make a will more valid?

Not necessarily.

Simply taking a will to a notary does not replace the ordinary execution requirements.

For example, if a document requires two witnesses under Michigan law, putting a notary stamp on the document does not automatically eliminate the need for those witnesses.

The safest approach is to follow the applicable execution requirements rather than assuming that notarization alone solves every problem.

What Is the Difference Between a Notarized Will and a Self-Proved Will?

These concepts are sometimes confused.

A notarized document is a document for which a notary performs a legally authorized notarial act, such as acknowledging a signature or administering an oath.

A self-proved will is a will that satisfies Michigan’s statutory requirements for establishing execution through a self-proving statement or acknowledgment procedure.

The two can overlap, but they are not identical concepts.

For example, Michigan’s self-proving statute provides for sworn statements before an officer authorized to administer oaths.

Therefore, the right question is not simply:

“Is my will notarized?”

A better question is:

“Was my will properly executed, and if appropriate, was it properly made self-proved?”

That distinction can prevent common mistakes.

Can You Make a Will in Michigan Without a Notary?

Yes.

A person can make a Michigan will without using a notary, provided the will satisfies the applicable requirements.

Michigan Legal Help’s guidance for its statutory will specifically explains that after completing the form and signing it with two witnesses, the will becomes legal and does not require a notary.

This can be useful for people who want to create a straightforward will without unnecessarily adding steps to the signing process.

However, “no notary required” should not be interpreted as “no formal signing process required.”

You still need to execute the document correctly.

How to Make a Will in Michigan

The exact process depends on the type of will and your circumstances, but a basic process can look like this.

1. Decide what you want the will to accomplish

Before filling out a Michigan will template or drafting your own document, identify the decisions you need the will to address.

These may include:

• Who should receive your property
• Who should serve as your personal representative
• Who should receive particular personal property
• Who should care for minor children, where applicable
• How remaining property should be distributed

Michigan Legal Help explains that a will can be used to identify who receives property and to nominate someone to care for minor children.

2. Choose the appropriate will format

Michigan has a statutory will form established by law.

Michigan Legal Help provides a free online tool for preparing a Michigan Statutory Will.

A statutory form can be useful for people whose circumstances fit the form.

However, a form may not be appropriate for every estate or family situation.

3. Complete the document carefully

If you use an online will Michigan residents can access through a reputable legal resource, carefully follow the instructions.

Do not casually add language, cross out provisions, or modify a statutory form unless you understand the legal consequences.

Michigan’s statutory will provisions contain specific warnings about modifying the form.

4. Sign the will properly

For a standard witnessed will, arrange for the required witnesses to be present.

The testator should follow the applicable signing procedure, and the witnesses should sign as required by Michigan law.

5. Consider whether to make the will self-proved

Although a notary is not generally required to make the will valid, you may want to consider the self-proving process.

A properly executed self-proving statement can help establish the will’s execution without relying solely on later witness testimony.

Because the self-proving procedure has specific formal requirements, follow the applicable Michigan form or obtain legal assistance if you are unsure how it should be completed.

6. Store the original safely

After signing your will, keep the original in a secure location where it can be found when needed.

Michigan Legal Help recommends storing the will securely and making sure your family knows where it is located. It also explains that a will may be filed with the county probate court for safekeeping.

Does a Michigan Statutory Will Need a Notary?

No, not simply to become a valid Michigan statutory will.

Michigan law recognizes a statutory will form. Michigan Legal Help explains that the statutory will becomes legal when it is completed correctly and signed with two witnesses.

The statutory form itself contains instructions concerning execution and witnesses.

The important point is that the statutory will’s basic validity does not depend on obtaining a notary stamp.

If you want the will to be self-proved, however, additional formalities may apply.

What About a Holographic Will in Michigan?

Michigan also recognizes a type of will known as a holographic will.

Under Michigan law, a will that does not comply with the ordinary witnessed-will requirements may still be valid as a holographic will if it is dated and the testator’s signature and the document’s material portions are in the testator’s handwriting. It does not have to be witnessed to qualify under this provision.

This is an important exception to the normal witness requirement.

Does a holographic will need to be notarized?

Generally, no.

The statutory requirements for a holographic will do not make notarization a basic requirement.

However, handwritten wills can create practical questions about authenticity, interpretation, handwriting, missing pages, and the testator’s intentions.

For that reason, someone should not assume that writing a document by hand automatically makes estate planning simple.

Can a Notary Replace Two Witnesses in Michigan?

For an ordinary witnessed will, do not assume that a notary can replace the two witnesses.

Michigan’s standard execution statute requires at least two witnesses for the ordinary witnessed form.

A notary performs a different function.

If you want to use a self-proving procedure, the notarial or oath-related formalities are additional steps connected with proving the will. They are not a simple substitute for the basic witness requirements of an ordinary will.

This is one of the most important points for anyone searching for information about whether a will has to be notarized in Michigan.

Can an Online Will Michigan Form Be Valid?

An online will can potentially be valid if it is properly prepared and executed under Michigan law.

The fact that a will was prepared online does not automatically make it invalid.

The more important issue is whether the resulting document satisfies the legal requirements that apply to that type of will.

Michigan Legal Help provides an online tool for creating a Michigan Statutory Will. Once completed, the form is ready to print and follow through the required execution process.

What should you check with an online will?

Before relying on an online form, confirm:

• It is designed for Michigan law.
• You understand what the form does and does not cover.
• You complete all required sections.
• You follow the correct witness procedure.
• You do not make unauthorized changes to a statutory form.
• You understand whether a self-proving statement is included or appropriate.
• You store the signed original safely.

For a straightforward estate, a statutory form may be sufficient. More complicated circumstances may justify individualized legal advice.

Common Mistakes When Signing a Michigan Will

Even when notarization is not required, mistakes in execution can create unnecessary problems.

Using only a notary

One common mistake is assuming that a notary can substitute for the two witnesses required for a standard witnessed will.

That is not the general Michigan rule.

Signing without the required witnesses

A person may complete a detailed will and then sign it alone.

For an ordinary witnessed will, this can create a serious execution problem.

Modifying a statutory will form

If you are using a Michigan statutory will, casually changing its language may create issues.

Michigan’s statutory form specifically warns against adding or crossing out language other than completing the designated blanks.

Assuming every handwritten will is invalid

Michigan recognizes holographic wills under specific conditions.

Therefore, a handwritten will should not automatically be dismissed simply because witnesses were not present.

Failing to tell anyone where the original is kept

A properly executed will is much less useful if family members cannot find it.

Michigan Legal Help recommends keeping the will somewhere secure and making sure family members know where it is located.

Do Witnesses Have to Be Notarized for a Michigan Will?

Generally, no.

The witnesses’ signatures are part of the will execution process. Their signatures do not generally need to be separately notarized merely because they are witnesses to the will.

Michigan law permits an individual generally competent to act as a witness to a will, and an interested witness does not automatically invalidate the will.

Nevertheless, selecting reliable adult witnesses and following the signing procedure carefully is a sensible way to reduce future disputes.

Can You File a Michigan Will With the Probate Court?

Filing a will with the probate court is different from notarizing it.

Michigan Legal Help explains that a person may file a will with the county probate court for safekeeping while alive. It also notes that the court can provide a copy after death when the required documentation is presented.

This means you do not need to confuse three separate concepts:

• Executing the will
• Notarizing or self-proving the will
• Depositing the will for safekeeping

They serve different purposes.

After a person’s death, the original will may become important in probate proceedings. Michigan probate guidance explains that when the court does not already have the original will, it generally must be submitted with the relevant probate petition or an authenticated copy must be addressed according to the applicable procedure.

When Should You Consider Getting Legal Help?

A simple Michigan will may be manageable using an appropriate statutory form, particularly when your wishes fit the form.

However, legal advice may be worthwhile when your circumstances are more complicated.

Consider speaking with a Michigan estate-planning attorney if you have:

• A large or complicated estate
• Multiple marriages or blended-family issues
• A business interest
• Significant real estate
• Special-needs beneficiaries
• Family members who may challenge the will
• Questions about beneficiary designations
• Complicated distribution wishes
• Concerns about undue influence or capacity
• A need for provisions that do not fit a basic Michigan will template

The purpose of professional advice is not simply to add a notary stamp. It is to make sure the estate-planning document fits your circumstances and is executed correctly.

Michigan Will Notarization: Quick Answer

If you only need the answer to the main question, here is the practical summary:

Does a will need to be notarized in Michigan?
No. Notarization is generally not required for an ordinary Michigan will to be valid.

How many witnesses are generally required?
At least two witnesses are generally required for an ordinary witnessed will.

Can a Michigan will be valid without a notary?
Yes, if it satisfies the requirements applicable to its form.

Can a handwritten will be valid without witnesses?
Potentially. Michigan recognizes holographic wills when the statutory conditions are satisfied.

Why would someone use a notary?
A notary may be involved in the process of making a will self-proved, which can help establish execution later.

Can a notary replace the two witnesses?
Do not assume so. The ordinary witnessed-will statute requires two witnesses.

Frequently Asked Questions

Does a will have to be notarized in Michigan?

No. Michigan generally does not require notarization for an ordinary will to be valid. The standard witnessed will requirements focus on the written document, the testator’s signature, and at least two witnesses.

Does a will need two witnesses in Michigan?

Generally, yes, for an ordinary witnessed will. Michigan law requires at least two witnesses who sign within a reasonable time after witnessing the signing or acknowledgment required by the statute.

Can I make a will without a lawyer in Michigan?

Yes. Michigan Legal Help provides information and a tool for creating a Michigan Statutory Will. However, a lawyer may be useful when your family, property, or distribution wishes are complicated.

Can I use a Michigan will template?

Yes, but choose a form designed for Michigan and follow its instructions carefully. The Michigan statutory will has specific requirements and warnings about changing its language.

Is an online will valid in Michigan?

An online will can be valid if the resulting document complies with Michigan law and is properly executed. The fact that a will was created online does not by itself determine validity.

Does a handwritten will count in Michigan?

It can. Michigan law recognizes holographic wills if the statutory requirements concerning the date, signature, and handwriting of the material portions are satisfied.

Should I notarize my Michigan will anyway?

Notarization is not generally required for validity, but a properly completed self-proving procedure can be useful. If you want a self-proved will, make sure the required formalities are followed rather than simply obtaining a generic notary stamp.

Practical Michigan Will Checklist

Before considering your will finished, review these points:

• The document is intended to operate as your will.
• You are legally capable of making the will.
• You have made your decisions voluntarily.
• The document is properly completed.
• You have followed Michigan’s applicable execution requirements.
• At least two appropriate witnesses are present for an ordinary witnessed will.
• The witnesses sign according to the applicable procedure.
• You have not improperly altered a statutory will form.
• You understand whether a self-proving statement is appropriate.
• The original will is stored securely.
• The people who may need to locate the will know where it is kept.

Final Takeaway

A will does not generally have to be notarized in Michigan to be valid. The normal Michigan witnessed-will requirements focus on the written will, proper signature, and at least two witnesses. Michigan also recognizes holographic wills under specific conditions.

A notary can nevertheless play an important role when a will is being made self-proved. That is different from saying that notarization is a basic requirement for every Michigan will.

If you are using a Michigan statutory will or an online will Michigan residents can access, follow the form’s instructions carefully. If your circumstances are complicated or you are uncertain about execution requirements, consider obtaining advice from a qualified Michigan estate-planning attorney.

Legal information disclaimer: This article provides general educational information about Michigan wills and is not a substitute for advice from a qualified attorney familiar with the specific facts of your situation. Michigan law can change, and individual circumstances can affect how the law applies.