Is An Online Will Legally Valid in Michigan?

Michigan recognizes online wills, but it does have rules governing how that needs to be constructed.  

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Not, to worry, FeedingBird guides you through the details, one step at a time.

What Makes an Online Will Legally Valid in Michigan?

Michigan doesn't have a dedicated electronic wills law, and its Uniform Electronic Transactions Act specifically excludes wills from coverage. Courts have occasionally admitted an electronic document as a valid will using Michigan's "harmless error" rule, but only when there's clear and convincing evidence the person intended it as their will. This is approved on a narrow, case-by-case basis and is not considered to be a reliable option. The safest and most reliable path is a printed document signed by the testator and two witnesses. You do not need to notarize your will unless you choose a self-proving will.  

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Michigan recognizes holographic, or handwritten, wills with no witnesses required,. However, you will need to ensure the signature and the material portions are dated and in the testator's own handwriting.

What You Need to Know about Online Wills in Michigan

Estate laws vary significantly by state and many are overwhelmingly complex. To ensure an online will is legally valid, you’ll need to make sure your it's structured appropriately or you could be facing a lengthy court process.  

Michigan Property Laws

Michigan is a common law property state. In simplified terms, this that ownership is determined by whose name is on the title, deed, or account.

Michigan Probate

All wills go through probate in Michigan unless the personal property is valued at roughly $53,000 or less and there's no real estate, in which case a transfer-by-affidavit process is available. Otherwise, a trust, or a Lady Bird deed for real estate, is typically used to avoid probate. Michigan does not impose a state estate or inheritance tax.

Avoiding Probate in Michigan

• Put your assets in a revocable living trust, granting you more control over your assets and allowing you to name a successor trustee who will manage distributing your assets after your death.

• Name beneficiary designations on financial and retirement accounts to specify who receives payment or ownership at the time of your death.  

• Identify a beneficiary for real estate with a Lady Bird deed, which passes the property directly at death while you keep full control during your life.

• Mak sure property is held in joint ownership with right of survivorship to give your spouse or another co-owner automatic ownership of any joint property.

Want to learn more about trusts in Michigan? Learn what it takes to put a trust together.