Does a Will Have to be Notarized in Traverse City, Michigan?

To finalize your last will and testament in Traverse City or elsewhere in Michigan, you do not need to have it notarized. Instead, the will must be in writing, you must sign or acknowledge the will in front of two witnesses, and those witnesses must sign it. If you make a holographic will, or a will in your own handwriting, you must sign it, but no witnesses to the signing are even necessary.

However, not getting your will notarized or making a holographic will require extra steps when dealing with the probate court. Getting your will notarized can help make the probate process go smoother for those you wish to protect after your death. Therefore, notarizing your will could play a key role in your estate planning process.

Legal Requirements for a Will in Michigan

To make a legal will in Michigan, you must:

• Be age 18 or older, and
• Have sufficient mental capacity to make the will.

You likely have sufficient mental capacity if you know who your closest relatives are and the nature and extent of your property. You must also understand that by making a will you are deciding what will happen to your property after you die and the nature and effect of signing the will.

If the will is dated, and your signature and the will’s material provisions are in your handwriting, no witness signatures are required under Michigan law.

As we discussed above, if the will is not in your own handwriting, then you must sign or acknowledge the will before two witnesses. The witnesses must sign the will themselves within a reasonable time after they witness the signing or acknowledgment. 

Role and Benefits of Notarization in Wills

In your last will and testament, you may leave the property you owned in your own name to others, such as your surviving spouse, your children, or even a charity. For those wishes to be carried out after your death, probate will be necessary, and the personal representative or executor may be required to prove the will is valid. 

If you and your witnesses sign your will before a notary public or get it notarized, it will make the will “self-proving.” When a will is self-proving, it can make the probate process much less expensive and time-consuming. In this sense, notarization may be highly beneficial, even if it is not required to create a valid will.

Practical Steps for Creating a Will in Traverse City

Seeing a notary public is among the most basic, practical steps that you must take to create a will that meets your estate planning goals. 

Keep in mind: You do not need to know the witnesses personally. However, for the will to be notarized appropriately, you and your witnesses must provide the notary public with a driver’s license, passport, or some other form of identification.

You must have a hard copy of the will. Michigan does not recognize “e-wills.” Storing the last will and testament in a safe place will be crucial. If you are concerned about the physical copy of the will being kept safe, it can be deposited with the probate court in the county in which you reside.

Contact Our Traverse City Estate Planning Attorneys to Learn More

With more than 100 years of combined legal experience, our experienced Traverse City estate planning attorneys at Alward Fisher can work with you to draft or revise your last will and testament and explore all other options for ensuring your assets are handled the way you want. To learn more about how we can review your estate planning documents, assist with probate court disputes, and make sure your estate is in order, contact us today to schedule a meeting with an estate planning attorney.