Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Michigan law, a valid will typically requires the testator’s signature and two qualifying witnesses. See MCL 700.2502. Notarization is not required for a will to be valid.
If your will lacks witness signatures, you may still admit it under the “harmless error” rule. Michigan’s Probate Code allows the court to excuse execution defects when clear and convincing evidence shows the decedent intended the document as their will. See MCL 700.2503.
To probate such a will:
- File a petition for probate in the county probate court where the decedent lived.
- Submit the original will to the court clerk with the petition and required filing fee.
- Notify heirs and beneficiaries as required by Michigan law (MCL 700.3403).
- Gather clear and convincing evidence of the decedent’s intent. This may include witness affidavits, letters, emails or other documents confirming the testator intended the unwitnessed document to serve as their will.
- Attend the probate hearing. Present evidence and request the court find the harmless error exception applies and admit the will to probate.
If the court admits the will, the probate process continues as with any valid will. If rejected, the estate will distribute according to Michigan’s intestacy rules (MCL 700.2103).
Helpful Hints
- Review the will to see if it qualifies as a handwritten (holographic) will, which may avoid the witness requirement entirely.
- Collect affidavits from anyone who can attest to the decedent’s intent and signature authenticity.
- Consult the local probate court clerk for filing deadlines and fee schedules.
- Consider an informal probate proceeding if there are no significant disputes among heirs.
- Keep a clear record of all notifications sent to heirs and creditors.