Holographic Wills: Are Handwritten Wills Valid in Michigan?

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By: Sarah Meinhart, estate planning attorney

When planning for the future, people assume a valid will must be formally prepared, typed, witnessed, and notarized. However, Michigan law recognizes that certain handwritten documents may qualify as valid wills, even if they don’t meet all the traditional formalities. These documents are known as holographic wills.

Understanding how holographic wills work is an important part of estate planning in Washtenaw County, especially when determining whether your loved one's handwritten note or personal document may be honored after their death.

In this article, we explain how Michigan law recognizes certain handwritten documents as valid holographic wills. Learn about the legal requirements for handwritten wills, why working with an experienced attorney is important, and what steps to take if you discover a handwritten document after a loved one's passing. Whether you're preparing your own will or navigating probate, understanding these rules is an important part of estate planning in Ann Arbor.

What Makes a Will Valid in Michigan?

Michigan law requires a will to be in writing and signed by the person making it, known as the testator, along with the signatures of two witnesses. Notarization is not generally required for a will to be valid.

However, Michigan law provides an exception for holographic wills. Under certain circumstances, a handwritten document may be admitted to probate without witness signatures.

Requirements for a Holographic Will

For a holographic will to qualify under Michigan law, it must meet specific requirements:

It must be dated. The document should include the date it was created.
It must be signed by the testator. The testator's signature must be handwritten.
Its material provisions must be handwritten. The essential terms explaining how the person's property should be distributed, and other important instructions, must be in the testator's handwriting.

These requirements help courts determine whether the document reflects the deceased person's actual intentions. Whether a particular document qualifies as a valid holographic will depends on the circumstances and applicable law.

Why Work With an Estate Planning Attorney?

If Michigan courts can recognize handwritten wills, why work with an attorney to prepare a formal estate plan?

A professionally prepared will can help clarify your wishes, identify beneficiaries, plan for minors, disinherit estranged family, address the administration of your estate, and reduce the potential for confusion or disputes among loved ones. An attorney can also help you consider other estate planning tools and ensure your documents are prepared to reflect your goals.

Relying on an informal handwritten document can create uncertainty about your intentions and whether a court will recognize the document as a valid will. Even if the criteria are met, if there are objections to the proposed will or competing documents, you could face the challenges of an evidentiary hearing in court to pursue the judge there was no undue influence or forgery and the document does in fact express the decedent’s wishes for his for her estate. Planning ahead with experienced legal guidance can help minimize these risks.

What If You Find a Handwritten Note After a Loved One's Death?

If a loved one passes away and leaves behind a document that may have been intended as a will, do not automatically dismiss it because it looks like a simple note or lacks witness signatures.

Provide the document to a probate attorney for review. An attorney can evaluate whether it may qualify as a holographic will and advise you on the appropriate next steps in the probate process.

Get Guidance on Estate Planning in Ann Arbor

Whether you are preparing your own will or handling a loved one's estate, understanding Michigan's requirements can help you make informed decisions. Working with an experienced attorney can provide clarity and help protect your intentions and your family's interests.