Understanding the Last Will and Testament in Michigan: Purpose, Probate, and Common Myths
When it comes to planning for the future, few documents are as important as a Last Will and Testament. Yet, many people misunderstand what a will actually does—and what it doesn’t do. At JM Thomas Law, we aim to provide clarity so you can make empowered, informed decisions for your loved ones.
What Is a Last Will and Testament in Michigan?
A Last Will and Testament is a legal document that outlines your wishes regarding the distribution of your property, the care of minor children, and the appointment of a personal representative (executor) after your death. In Michigan, for a will to be valid, the testator (the person making the will) must be at least 18 years old, of sound mind, and the will must be signed by the testator and two witnesses.
The Purpose of a Will
The primary purpose of a will is to:
Direct how your assets should be distributed after your death
Name guardians for any minor children
Appoint a personal representative to handle your estate
Express your final wishes clearly and legally
Having a will can reduce confusion and disputes among surviving family members and ensures that your voice is heard even after you’re gone.
Why a Will Does Not Avoid Probate
A common misconception is that having a will means your estate will avoid probate. In reality, a will is a roadmap for the probate court.
Probate is the legal process through which your will is validated and your estate is settled. This includes paying debts, distributing assets, and ensuring everything is done according to Michigan law. Even with a will, your estate must generally go through probate unless you use additional estate planning tools, like a trust or beneficiary designations.
Frequently Asked Questions
Q: Do I need a will if I don’t have many assets?
Yes. A will can still designate a guardian for minor children, express your wishes for personal items, and name a personal representative.
Q: What happens if I die without a will in Michigan?
Your estate will be distributed according to Michigan’s intestacy laws, which may not reflect your personal wishes.
Q: Can I write my own will?
Yes, but it's risky. Homemade wills often lack proper signatures or clear language, which can lead to disputes or even invalidation in court.
Q: Is a handwritten will valid in Michigan?
Yes, Michigan recognizes holographic wills (handwritten) if they meet specific criteria, but they are more easily challenged.
Q: Can a will be changed?
Absolutely. Wills should be reviewed and updated after major life events like marriage, divorce, the birth of a child, or the purchase of property.
Common Myths About Wills
Myth: "Once I write a will, I'm done planning."
Truth: A will is just one part of a comprehensive estate plan. Other tools like trusts, powers of attorney, and advance directives are also important.
Myth: "Wills are only for the wealthy."
Truth: Everyone can benefit from a will, regardless of the size of their estate.
Myth: "My family knows what I want, so I don’t need a will."
Truth: Verbal wishes carry no legal weight in probate court.
Peace of Mind Starts with a Plan
Creating a Last Will and Testament is an act of love and responsibility. At JM Thomas Law, we help Michigan families put thoughtful plans in place so that the people and causes you care about are protected. If you have questions or are ready to begin your estate planning journey, we’re here to guide you every step of the way.
Contact us today to schedule your consultation.