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My coworker said a handwritten will won't count in Michigan. True?

Yes - a handwritten will can be valid in Michigan, and that surprises a lot of people right when time is running out.

The common wrong answer is: "If it isn't typed, notarized, and signed by witnesses, Probate Court will throw it out." That is not how Michigan works.

Michigan recognizes a holographic will if the material portions and the signature are in the testator's handwriting. That rule is in Michigan's Estates and Protected Individuals Code, and Wayne County Probate Court in Detroit sees these issues regularly. A notary is not required for the will to be valid.

But "handwritten can count" does not mean "every note counts."

A Michigan court still has to be satisfied that the document shows testamentary intent - in plain English, that the person meant it to be their will, not just a draft, reminder, or to-do list. Date problems, crossed-out language, unclear gifts, missing signatures, and mixed handwriting can all trigger fights that delay probate.

This matters fast after a death. If someone dies in Detroit and the original handwritten will is sitting in a drawer, glove box, or safe, get the original document secured immediately. Do not staple, mark up, or rewrite it. The person asking to probate the estate generally files in the Wayne County Probate Court if the decedent lived in Wayne County.

Also, a handwritten will does not handle everything automatically. Assets with a named beneficiary - like some life insurance, IRAs, or certain accounts - usually pass outside probate. For a veteran, that can matter if family members are also dealing with VA accrued benefits or survivor claims, because the estate papers and beneficiary designations may point in different directions.

If there is no valid will, Michigan's intestate succession rules control who inherits, and that can change everything.

by Carlos Reyes on 2026-03-26

Nothing on this page is legal advice — it's general information that may not apply to your situation. A qualified lawyer can evaluate the specifics of your case at no cost.

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