When establishing a will in Michigan, one of the most common questions people ask is whether a will needs to be notarized to be legally valid. Please continue reading as we explore what makes a will valid and enforceable in Michigan, as well as how a knowledgeable Washtenaw County Wills Attorney can help ensure your final wishes are honored.
Do Wills in Michigan Have to Be Notarized to Be Valid and Enforceable?
While some states have strict notarization rules, Michigan has distinct guidelines. A will does not need ot be notarized to be valid; however, it must satisfy other requirements to be enforceable by the court. The Michigan Estates and Protected Individuals Code (EPIC) dictates the legal requirements for a valid will. The key requirements for a Michigan will include:
- It must be in writing: The will must be typed, or in limited cases, handwritten.
- It must be signed by the testator (the person making the will): The testator must be at least 18 years old and of “sound mind,” meaning they understand their assets, their heirs, and the overall nature of the will. The testator must sign it, or direct someone else to sign it in their presence.
- It must be signed by witnesses: A will requires two witnesses to either observe the testator’s signature or hear the testator acknowledge it. Both witnesses must then sign the will themselves within a reasonable timeframe after this observation or acknowledgement.
If this criterion is met, the will is legally enforceable, even without a notary stamp.
What Happens Without Notarization?
If a will is not notarized in Michigan, the probate court might need the witnesses to confirm the will’s signing. This can get tricky if witnesses are unavailable or can’t recall details, potentially making the process longer and costlier for your beneficiaries, even if the will is still valid.
While you don’t have to notarize your will, doing so can make the probate process smoother. If you get a self-proving affidavit (which your witnesses also sign) notarized, it gives the court extra proof that your will was properly drafted. This can help speed things up, reduce the ned for witnesses to testify later, and offer more protection against potential challenges. Basically, notarization is optional, but it could save your loved ones time, money, and stress after you are gone.
Unfortunately, even minor errors can result in expensive legal battles. At Collis, Griffor, & Hendra, we will ensure that your will adheres to all legal stipulations, safeguarding your loved ones from avoidable legal obstacles. Working with an attorney can provide you peace of mind that your wishes will be honored. Connect with our firm to schedule a consultation.