What Is a Will?
Understanding what a will does, what it does not do, and why it remains one of the most important estate planning documents.
Key Points
A will is a legal document that directs how your probate property should be distributed after your death.
A will allows you to nominate a personal representative and guardians for minor children.
A will does not control every asset you own.
A will is a set of instructions for the probate process; it does not automatically avoid probate.
A will is an important part of many estate plans, but it is often only one part.
Many people think a will is simply a document that says who gets their property.
While it certainly does that, a properly prepared will can accomplish much more.
For many families, a will serves as the foundation of an estate plan by providing clear instructions, nominating trusted individuals to carry out important responsibilities, and reducing uncertainty about their wishes.
What Is a Will?
A will is a legal document that directs how your probate property should be distributed after your death.
If probate is required, the will serves as the primary set of instructions for that process. It also allows you to nominate certain individuals for important roles in administering your estate.
Because a will must satisfy Michigan's legal requirements before it can be admitted to probate, it carries much greater legal significance than a letter, note, email, or informal list of wishes.
What Can a Will Do?
A will can:
Direct who receives your probate property.
Nominate a personal representative to administer your estate.
Nominate guardians for your minor children.
Create trusts for beneficiaries when appropriate.
Include charitable gifts or specific gifts of property.
A will gives you the opportunity to make these decisions yourself rather than relying on Michigan's default rules.
What Can't a Will Do?
A will does not control every asset you own.
Property that passes by beneficiary designation, trust ownership, or certain forms of joint ownership generally transfers outside the will.
A will also does not avoid probate simply because one exists. Whether probate is required depends largely on how your assets are owned and titled.
Who Needs a Will?
Most adults benefit from having a will, even if they also have a trust.
Parents of minor children, homeowners, business owners, and individuals with retirement accounts or other significant assets often have particularly good reasons to include a will in their estate plan.
What Makes a Will Valid in Michigan?
Michigan law establishes specific requirements for creating a valid will.
Although there are limited exceptions, most wills should be signed by the person making the will and witnessed in accordance with Michigan law.
Many wills are also accompanied by a notarized self-proving affidavit.
The notary does not generally make the will valid, but the affidavit can simplify probate by helping establish that the will was properly executed without later requiring the witnesses to prove its execution.
Following these legal formalities helps demonstrate that the will reflects your considered wishes and can often make the probate process smoother for your loved ones.
Can You Change Your Will?
Usually, yes.
As long as you continue to have the legal capacity required to make a will, you can generally amend or replace it.
If you later become incapacitated and no longer have the required capacity, you generally cannot make changes to your will. An agent acting under a financial power of attorney also generally cannot rewrite your will for you.
Marriage, divorce, the birth or adoption of a child, significant changes in assets, changes in family relationships, or starting or selling a business are all good reasons to review your will and the rest of your estate plan.
Frequently Asked Questions
Does a will avoid probate?
Generally, no. In fact, quite the opposite is often true.
A will is a set of instructions for the probate process. If assets must pass under your will, those assets generally must first become part of your probate estate so the court can recognize the will and authorize the personal representative to carry out its instructions.
Whether probate is required depends primarily on how your assets are owned and titled—not simply on whether you have a will. Assets held in a trust, owned jointly with rights of survivorship, or transferred by beneficiary designation may avoid probate regardless of whether you have a will.
Can I write my own will?
Michigan recognizes certain handwritten wills in limited circumstances, but a will that does not satisfy the applicable legal requirements can create significant problems.
Many people choose to work with an attorney to help ensure the required legal formalities are met so their wishes can be carried out.
Is a trust better than a will?
Not necessarily. Wills and trusts serve different purposes, and many estate plans include both.
What happens if I never create a will?
Michigan's intestacy laws determine who inherits your probate property, and many other important decisions are left to default legal rules.
Your Next Step
A will is one of the most important legal documents many people will ever sign.
If you do not have one—or if yours no longer reflects your wishes—consider reviewing your estate plan and updating it to match your current family, assets, and goals.
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About Jarrod Barron Law
Jarrod Barron Law helps Michigan individuals, families, and business owners make informed legal decisions through thoughtful, plain-English estate planning.
Disclaimer
This article is provided for general educational purposes only. It is not legal advice and does not create an attorney-client relationship.