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Michigan law

Estate Planning Laws in Michigan.

Michigan has adopted the Estates and Protected Individuals Code (EPIC) for wills, trusts, and probate. Michigan recognizes holographic wills, statutory "Designation of Patient Advocate" for health care decisions, and durable powers of attorney. Michigan offers an unsupervised probate path and a small estate procedure. Michigan is not a community-property state; surviving spouses have elective share rights.

Last verified: 2026-04-17

State law

Key Michigan Statutes

Estates and Protected Individuals Code (EPIC)MCL § 700.1101 et seq.

Michigan's comprehensive probate code governing wills, intestacy, probate administration, trusts, guardianships, and conservatorships.

Execution of WillsMCL § 700.2502

A will must be in writing, signed by the testator (or by another at the testator's direction in their conscious presence), and witnessed by 2 individuals who either witness the signing or the testator's acknowledgment.

Holographic WillsMCL § 700.2502(2)

A will is valid if the signature and material portions are in the testator's handwriting, regardless of witnesses.

Designation of Patient AdvocateMCL § 700.5506 et seq.

Michigan's statutory health-care directive authorizing an advocate to make medical decisions (including life-sustaining treatment) if the patient loses capacity.

Small Estate ProcedureMCL § 700.3982

Estates with assets under a statutory threshold (adjusted periodically) may be transferred by petition and order without full probate administration.

Elective ShareMCL § 700.2202

A surviving spouse may elect against the will and take either the intestate share or half the intestate share minus half of lifetime transfers, depending on circumstances.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Michigan.

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