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Are Handwritten Wills Valid in Michigan? What You Should Know
As estate planning attorneys, we regularly hear clients ask whether a handwritten will can be valid in Michigan. Often called a “holographic will,” a handwritten will is more than just scribbling your wishes on paper — it must meet very specific legal criteria to be recognized by probate courts.
Under Michigan’s Estates and Protected Individuals Code, a will generally must be in writing, signed by the person making it (the testator), and witnessed by at least two competent people within a reasonable time after the testator’s signature or acknowledgment of it.
However, Michigan law includes an important exception: if a document does not meet those normal execution standards but still satisfies the requirements for a holographic will, the probate court may admit it as valid.
The statute provides that a document can be treated as a holographic will if:
- The document is dated;
- The material provisions are in the handwriting of the testator;
- And the testator’s signature is in their handwriting.
“Material provisions” generally means the substantive parts of the document: the declaration of testamentary intent, identification of beneficiaries, distribution directions, appointment of personal representative, etc.
A traditional witnessed will is often less vulnerable to challenge in probate because its execution steps are clear and structured. A holographic will, by contrast, does not require witness signatures to be valid, but because it lacks that formal structure, it can be more prone to disputes over authenticity, testamentary intent, handwriting, or clarity of instructions.
Another potential complexity is when a partially typed will has handwritten additions or changes. In some cases, Michigan courts may treat those handwritten changes as a codicil — a formal update to the original will — provided the handwritten portions meet holographic requirements. However, this can introduce interpretive issues that complicate probate.
Importantly, a handwritten will still must reflect the testator’s clear intention that the writing is meant to serve as their legal will. Simply jotting down hopes or informal notes without clear testamentary language and proper execution elements may not be enough for probate.
And while Michigan recognizes holographic wills, not all states do — which can matter for people with out-of-state property or who move frequently.
From a practical standpoint, even though handwritten wills can be valid in Michigan, they are not typically recommended as a substitute for professionally drafted estate planning documents. A properly prepared will — executed with witnesses and tailored to your unique assets and wishes — can reduce ambiguity, help avoid disputes, and better protect your legacy.
Whether you are considering drafting your first will or revisiting an existing plan, understanding the specific legal requirements in Michigan can help ensure your wishes are honored and your loved ones are protected.
If you have questions about handwritten wills or need help preparing a valid estate plan, please contact Estate Planning and Elder Law Services, P.C. — we’re here to help you plan with confidence.
