What happens if a will wasn’t properly signed in Michigan?

Short answer: If a will is not executed according to Michigan law, the probate court may refuse to admit it as a valid will. If that happens, the estate will generally be handled under Michigan’s intestacy rules (the default inheritance rules), unless the court admits the document under an exception that proves the decedent intended it to be their will. This article explains how Michigan law treats improperly signed wills, what the probate process looks like, and practical next steps.

How wills must be signed in Michigan

Michigan’s Estates and Protected Individuals Code sets out the formal requirements for a valid will. A typical valid will in Michigan must be:

• in writing,
• signed by the testator (the person making the will), and
• witnessed by at least two witnesses who sign in the testator’s presence.

See the statutory guidance on execution of wills: MCL 700.2502 (execution and witnessing) and related provisions of the Estates and Protected Individuals Code. For statutory text, see: MCL 700.2502 (Michigan Legislature).

What the probate court does if a will is not properly signed

When a document presented as a will fails to meet the statutory execution requirements, the probate court has a few options:

• Refuse to admit the document as a will: If the document fails the formal requirements and no exception applies, the court will treat it as invalid for probate purposes. The estate will then proceed as if the decedent died intestate (without a valid will).
• Admit under an exception (intent evidence): Michigan law allows a court to admit an otherwise defectively executed document if the petitioner can show by clear and convincing evidence that the decedent intended the document to be their will. If the court finds sufficient evidence of testamentary intent, it may admit the document for probate despite the technical signature/witness defects.
• Admit parts of the document or related writings: If parts of the estate plan (such as a validly executed codicil or other documents that do meet formal requirements) are valid, those parts may be probated while invalid parts are not.

Because litigation over admission of a defective will often turns on witness testimony, contemporaneous notes, drafts, and other evidence of intent, courts focus on whether the decedent intended the document to control the distribution of their estate.

If the will is treated as invalid: intestacy, administration, and who inherits

If the court decides the will is invalid and no valid will exists, Michigan’s intestacy rules determine who inherits. Generally:

• The court appoints a personal representative (administrator) to manage and distribute the estate.
• Assets pass to heirs according to Michigan’s intestate succession rules (close family first: surviving spouse, children, parents, siblings, etc.). See the intestacy provisions of the Estates and Protected Individuals Code for details: MCL 700.2103 and related sections.
• Creditors still have claims against the estate, and administration follows statutory notice and claim procedures.

Because intestacy often produces a distribution that differs markedly from what the decedent intended, heirs or disappointed beneficiaries frequently contest a refusal to admit an alleged will.

Typical probate process and timing when a will is challenged or invalid

• Someone petitions the probate court to admit the will and appoint a personal representative.
• Interested persons (heirs, beneficiaries, creditors) receive notice and can object to admission.
• If an objection asserts improper execution, the petitioner must produce evidence (witnesses, affidavits, contemporaneous communications) demonstrating a valid execution or testamentary intent.
• The court will hold a hearing and rule. If it rejects the will, the court moves to appoint an administrator and distribute under intestacy.

Timing varies by county and the complexity of disputes. Contested hearings can extend the process by months or longer.

Evidence that can help admit an improperly signed will

To overcome formal defects, parties commonly assemble:

• Affidavits or testimony from witnesses familiar with the document and the decedent’s intent.
• Copies of earlier drafts showing consistent testamentary intent.
• Handwritten notes or letters by the decedent indicating how they wanted their estate handled.
• Communications (emails, texts) where the decedent discussed beneficiaries or distribution.
• Medical or capacity-related records if the will’s validity is challenged on capacity grounds.

Practical next steps if you discover a will may be invalid

1. Preserve the original document. Do not alter it. Keep any drafts, notes, or related papers together.
2. Collect evidence — witness names, communications, and any documents showing the decedent’s intent.
3. Contact the probate court in the county where the decedent lived to learn the filing process and deadlines.
4. Consider mediation or negotiation with other interested parties to avoid protracted litigation.
5. Consult a probate attorney early. A lawyer can evaluate whether the document might be admitted under Michigan’s exception (clear and convincing proof of intent) and can prepare necessary petitions or objections.

Helpful Hints

• Do not assume a handwritten (unsworn) note is automatically invalid — courts sometimes admit such documents if they show clear testamentary intent. Gather supporting evidence.
• If you are an intended beneficiary, move promptly. Delay can make proving intent and locating witnesses harder.
• Keep copies of all communications about the decedent’s wishes, and note names of people who discussed the decedent’s estate planning.
• If you are a family member who would inherit under intestacy, understand that intestate shares may differ from what the decedent wanted — that is a common source of family disputes.
• Be mindful of creditor claims; even if a will is invalid, creditors must be paid from estate assets before distributions to heirs.
• When possible, use properly executed, witnessed, and (ideally) self-proved wills to avoid these issues in the future.

Statutes and further reading: Review Michigan’s Estates and Protected Individuals Code provisions on execution and admission of wills and intestate succession. Key statutes include the execution rules and the intestacy provisions: see the Michigan Legislature site for the relevant code sections (for example, execution rules: MCL 700.2502; intestate succession: MCL 700.2103). The court rules and local probate court resources also explain the filing process.

Disclaimer: This article provides general information about Michigan law and is not legal advice. It does not create an attorney-client relationship. For advice about a specific case, consult a licensed probate attorney in Michigan.