Wills

Lansing Wills Attorney

Without a will, Michigan’s intestacy laws generally determine who receives property that is part of your probate estate and is not otherwise transferred through a beneficiary designation, survivorship arrangement, trust, or other nonprobate mechanism. At Clint W. Perryman PC, our attorney works with individuals and families across Lansing, MI, to create legally enforceable wills and broader estate planning documents that reflect real intentions, not default state rules. Call us at 810-498-2370 to schedule a consultation.

A valid last will and testament is the foundation of any thoughtful estate plan. It names an executor, designates heirs, and, critically, gives you the ability to appoint a guardian for minor children if something happens to you. Without one, those decisions may require involvement by the probate court without direction from you.

What Michigan Law Requires for a Valid Will

In Michigan, a will generally must be in writing, signed by a testator who is at least 18 years old and has sufficient mental capacity, and signed by at least two witnesses. Michigan law does not invalidate a will simply because a witness is also a beneficiary.

Michigan’s Estates and Protected Individuals Code (EPIC), found in MCL 700.2502, governs will execution requirements. The key elements are:

  • Testator age and capacity: The person creating the will must be at least 18 years old and have sufficient mental capacity. Michigan law requires the individual to understand that they are providing for the disposition of their property after death, know the nature and extent of their property, know the natural objects of their bounty, and understand in a reasonable manner the general nature and effect of signing the will.
  • Written document: Michigan does not recognize oral wills for most estates. The will must be in writing.
  • Signature: The testator must sign the will, or direct another person to sign it in their presence if they are physically unable.
  • Two witnesses: At least two people must sign the will as witnesses within a reasonable time after witnessing the testator sign the will or acknowledge the signature or the will. Michigan law permits an interested person who is also a beneficiary to serve as a witness, and the witness’s interest does not invalidate the will or the provision benefiting that witness.
  • Notarization (optional but useful): A self-proved will, notarized at signing, can streamline the probate process by eliminating the need to locate witnesses after death.

Michigan also recognizes holographic wills, documents written entirely in the testator’s own handwriting and signed, but these carry real risks of ambiguity and are more likely to generate family disputes.

What a Will Can and Cannot Control

A will generally governs property that is part of your probate estate, but it does not ordinarily control assets that pass through a valid beneficiary designation, survivorship arrangement, or other nonprobate transfer mechanism.

This distinction matters more than most people realize. Assets such as 401(k) accounts, IRAs, and life insurance generally pass according to a valid beneficiary designation rather than the terms of your will, although the specific ownership and beneficiary designation can affect whether an asset passes through probate. The same is true for property held in joint tenancy with right of survivorship. Your will controls what’s left: property that is subject to probate administration and does not have a valid transfer mechanism.

A well-drafted will typically addresses:

  • Specific bequests: Named assets or amounts of money directed to specific heirs, such as leaving a family heirloom to a sibling or a dollar amount to a charity.
  • Residuary estate: The “catch-all” clause that distributes everything not covered by a specific bequest, which is often the largest portion of the estate.
  • Executor appointment: Naming a trusted person (or institution) to manage the estate through the probate process, pay debts, and carry out the distribution of assets.
  • Guardian designation: If you have minor children, you can appoint a guardian through your will or another qualifying written instrument. Michigan law gives a valid parental appointment priority under specified circumstances, while the probate court retains authority over guardianship proceedings involving minors.
  • Trust provisions: A will can create a testamentary trust to hold and manage assets for children or other beneficiaries who are not yet ready to manage wealth outright.

Retirement accounts, joint property, and life insurance all require separate attention. Coordination between your will and your beneficiary designations is where many estate plans quietly fail.

When Michigan Estates Go Through Probate

Michigan provides simplified procedures for qualifying small estates, with the applicable threshold adjusted periodically for inflation. For deaths occurring in 2026, the small-estate threshold under Michigan law is $53,000. The availability of a simplified procedure depends on the estate’s circumstances and the statutory requirements, including the nature and value of the property. Estates that do not qualify for a simplified procedure may require probate administration.

Probate in Michigan is administered through the county probate court. In Lansing, that means Ingham County Probate Court. The process involves filing the will, appointing a personal representative (executor), inventorying estate assets, notifying creditors, paying debts, and ultimately distributing what remains to the heirs named in the will.

Michigan offers simplified procedures for qualifying small estates. For certain estates, a successor may use a sworn statement procedure when the statutory requirements are satisfied, including an applicable estate-value limit and the absence of real property for the specific affidavit procedure. For deaths occurring in 2026, the applicable small-estate threshold is $53,000.

Protecting your loved ones from probate is one practical reason some Lansing families use a revocable living trust. Assets that are properly transferred to and remain in the trust generally avoid probate, while a will can address property that remains outside the trust.

Estate Planning Tools That Work Alongside a Will

A will alone may not address every estate planning need. Depending on your circumstances and goals, an estate plan may also include a durable power of attorney, health care documents, beneficiary designations, and one or more trusts.

A standalone will is a starting point, not a finish line. Depending on your family structure, assets, and goals, our Lansing estate planning attorney may recommend additional documents:

  • Durable power of attorney: Grants a trusted person authority to manage your finances if you become incapacitated. Without this document, your family may need court intervention to access accounts or manage property on your behalf.
  • Healthcare power of attorney: Designates someone to make health care decisions for you if you cannot make them yourself, and pairs with a patient advocate designation under Michigan law.
  • Revocable living trust: A trust you control during your lifetime that transfers assets to beneficiaries without probate at death. Particularly useful for protecting your family’s financial stability and keeping estate matters private.
  • Irrevocable trusts: May be used for certain advanced estate planning, asset protection, Medicaid planning, or tax planning purposes. Because the terms and ability to modify an irrevocable trust depend on the trust document and applicable law, these trusts require careful planning before they are established.
  • Special needs trusts: Designed in appropriate circumstances to hold assets for a beneficiary with a disability while helping preserve eligibility for needs-based government benefits such as Medicaid or SSI, subject to applicable program rules.

Medicaid planning is a specific subset of elder law that has become increasingly important as long-term care expenses in Michigan continue to rise. Nursing home care can cost well over $100,000 per year in Michigan, and Medicaid’s eligibility and asset-transfer rules are complex. Structuring your estate to protect assets while preserving eligibility for long-term care benefits requires planning years in advance, not after a health crisis has already arrived.

Who in Lansing Needs a Will Right Now

Anyone in Michigan who owns property, has minor children, operates a business, or has specific wishes about how their estate should be distributed should consider whether a will is appropriate for their circumstances. Creating an estate plan before an emergency can help ensure that important decisions are addressed while the individual has sufficient capacity.

Many people delay estate planning because they assume it’s only for the wealthy or the elderly. Michigan’s intestacy laws, the default rules that govern estates without a valid will, distribute property according to a fixed formula that prioritizes spouses and children but rarely matches what an individual would have chosen. Common situations where the absence of a will creates serious problems:

  • Parents of minor children: A parent can use a will or another qualifying written instrument to appoint a guardian for a minor child. Without an effective parental appointment, a court may need to appoint a guardian, and disagreements among family members can complicate the proceeding.
  • Business owners: A business interest is an asset. Without a will or buy-sell agreement, your ownership stake can end up in probate while the business continues to operate, creating financial instability and disputes among partners, family members, or both.
  • Blended families: Michigan’s intestacy rules don’t account for stepchildren unless formally adopted. Assets may pass entirely to a spouse or biological children in ways that leave other family members unprotected.
  • Anyone with a domestic partner: An unmarried partner generally does not receive a share of an intestate estate merely by virtue of the relationship. Estate planning documents, beneficiary designations, joint ownership, and other arrangements can be used to provide for an unmarried partner.
  • Those with specific charitable wishes: Intestacy doesn’t accommodate charitable giving. If leaving money to a cause or institution matters to you, that intention exists only in a will or trust.

The longer estate planning is deferred, the more likely a health event or cognitive decline will complicate the process or make it impossible. Challenges based on testamentary capacity can become significant probate disputes, particularly when questions arise about the testator’s mental capacity when the will was executed.

How the Will Drafting Process Works

Creating a valid will in Michigan typically involves an intake meeting to inventory your assets and family situation, a drafting phase where the document is prepared, and a formal signing ceremony with witnesses present.

The legal process is straightforward when handled correctly. A consultation covers your assets, family structure, and goals, identifying who you want to receive what, who should serve as executor, and whether any trusts or other planning tools belong in your plan. From there, a draft is prepared, reviewed with you, revised if needed, and then executed with the proper formalities to make it legally valid in Michigan.

Updating an existing will matters just as much as creating one. Major life changes, marriage, divorce, the birth of children or grandchildren, acquiring significant property, or changes in your relationship with a named beneficiary or executor, each warrant a review. An outdated will can be nearly as problematic as no will at all.

Frequently Asked Questions About Wills in Michigan

Does Michigan allow you to write your own will without an attorney?

Michigan law permits holographic wills, entirely handwritten and signed by the testator, without witnesses. However, handwritten wills can create greater uncertainty about the testator’s intent and whether all applicable legal requirements were satisfied. A properly drafted and executed will can provide clearer evidence of the testator’s intentions and compliance with applicable execution requirements.

Can a will be challenged after someone dies?

Yes. Grounds for contesting a will in Michigan include lack of testamentary capacity, undue influence, fraud, and improper execution. Will contests are generally addressed through probate proceedings, and their duration depends on the circumstances of the dispute. Proper execution and evidence concerning the testator’s capacity and intentions may help establish the validity of a will if it is later challenged.

What happens to assets that aren’t mentioned in my will?

Assets that are part of the probate estate but are not otherwise effectively disposed of by the will generally pass under the will’s residuary clause. If there is no residuary clause, or if the residuary clause fails, those assets pass under Michigan’s intestacy laws, which may not align with your intentions.

Does a will in Michigan avoid probate?

Generally, a will does not itself avoid probate for assets that are subject to probate administration. If probate is required, the will can be submitted to the probate court and used to guide the administration and distribution of the probate estate. A properly funded revocable living trust can allow assets held in the trust to pass without probate.

How often should I update my will?

Estate planning attorneys generally recommend reviewing your will every three to five years and after any significant life event, marriage, divorce, death of a named beneficiary or executor, birth of a child, or substantial change in assets. Michigan law does not generally revoke an existing will merely because the testator remarries. Divorce or annulment, however, generally revokes certain revocable dispositions, appointments, and fiduciary nominations benefiting a former spouse under Michigan law, subject to statutory exceptions and the terms of applicable governing instruments.

What is the difference between a will and a trust?

A trust can be created to operate during a person’s lifetime or after death, depending on the type and terms of the trust. A properly funded revocable living trust can hold and manage assets during the grantor’s lifetime and generally allows those trust assets to pass outside probate at death. Many complete estate plans use both: a will to catch assets outside the trust and name a guardian for children, and a trust to manage and transfer the bulk of the estate efficiently.

Do I need a separate will if I have retirement accounts and life insurance?

Not necessarily. Retirement accounts and life insurance generally pass according to valid beneficiary designations rather than the terms of your will, although the specific designation and circumstances can affect whether an asset passes through probate. But a will remains important for property that doesn’t have a built-in transfer mechanism, and coordinating your will with your beneficiary designations is a critical step that’s easy to overlook without professional guidance.

Talk to a Lansing Wills Attorney at Clint W. Perryman PC

Your family’s future deserves a plan built around your actual wishes, not a set of default state rules that had nothing to do with your life. At Clint W. Perryman PC, our attorney serves clients throughout Lansing, East Lansing, Grand Ledge, and the surrounding Ingham County area with practical, straightforward estate planning legal services designed to protect what matters most.

Whether you need a simple will or a comprehensive estate plan that includes trusts, powers of attorney, Medicaid planning, and asset protection strategies, we’re here to walk you through every decision clearly and honestly. Call 810-498-2370 to schedule your consultation with our Lansing wills attorney today.