What the rule says
Michigan provides a layered framework for valid wills under the Estates and Protected Individuals Code (EPIC), with three distinct pathways to validity:
Attested wills (Mich. Comp. Laws § 700.2502)
A valid Michigan attested will requires:
1. A writing. The will must be in writing. 2. The testator's signature. The testator must sign the will, or another may sign at the testator's direction and in the testator's presence. 3. Two witnesses. Two witnesses must sign the will within a reasonable time after each witnessed either the testator's signing or the testator's acknowledgment of the signature or the will.
Michigan's attestation requirement is somewhat flexible — witnesses do not need to sign in each other's presence, and they can sign within a reasonable time after observing the testator's signing or acknowledgment.
Holographic wills (Mich. Comp. Laws § 700.2502(2))
A Michigan holographic will is valid if:
1. Entirely in the testator's handwriting. The will must be wholly handwritten by the testator. 2. Signed. The testator's signature is required, but it can be anywhere in the document. 3. Dated. The will should include the date of execution.
Holographic wills do not require witnesses. They face evidentiary challenges at probate (authenticating the handwriting), but a properly executed holographic will is a valid will under Michigan law.
Harmless-error doctrine (Mich. Comp. Laws § 700.2503)
Michigan is one of relatively few states that has adopted a "harmless error" doctrine for will execution. Under § 700.2503, a document or writing that does not meet the formal execution requirements may still be probated if there is clear and convincing evidence that the decedent intended it to be:
- A will, or - A partial or complete revocation of the will, or - An addition to or alteration of the will, or - A revival of a previously revoked will
The harmless-error doctrine is a significant departure from traditional strict-compliance rules. A document that fails the technical execution requirements — for example, a will signed by only one witness, or a typed document signed by the testator without any witnesses — can still be admitted to probate if the testator's intent is clear.
The clear-and-convincing-evidence standard is high; mere preponderance of evidence is not sufficient. Courts generally require strong evidence of testamentary intent before admitting a defectively executed document.
Why the harmless-error rule matters
Michigan's harmless-error doctrine is one of the more progressive features of American probate law. It addresses a classic problem: a testator clearly intended to make a will but failed some technical requirement. Strict compliance rules would defeat the testator's intent; harmless-error rules allow effect to be given to clear intent despite formal defects.
Common scenarios where harmless-error operates:
- A will signed by only one witness when two are required. With clear evidence of the testator's intent (signed copies, communication to family, prior drafts), the will may still be admitted. - A handwritten note expressing testamentary intent without proper signature placement. Courts have admitted such documents in some cases. - A computerized will with electronic signature but lacking traditional witnessing. Some courts have applied harmless-error to admit such documents.
The rule is not a free pass — clear and convincing evidence of testamentary intent is required, and the document must be substantively a will rather than just a draft or notation.
What you can do about it
For a Michigan will execution:
- Use the attested will form. This is the most reliable path; harmless-error is a backup, not a primary strategy. - Have two disinterested witnesses present. Both witnesses should observe the testator's signing or acknowledgment. - Use a self-proving affidavit. Adding a self-proving affidavit at execution simplifies probate. - Sign the document. Even informal documents intended as wills should be signed. - Date the document. Both for attested and holographic wills. - Avoid using beneficiaries as witnesses.
For handwritten emergency or interim instruments, a holographic will under Michigan law is valid if entirely handwritten, signed, and dated. The harmless-error rule provides further backup if even the holographic requirements are not met.
Who this affects most
Michigan's will execution framework is most relevant for:
- Anyone executing a will in Michigan - Estates with documents that may not meet attested will formalities but reflect testamentary intent - Holographic will scenarios where authentication of handwriting is the primary issue - Probate proceedings where harmless-error doctrine may be invoked to admit defective documents
Michigan's flexible framework reduces the risk that technical execution failures will defeat a testator's intent. It does not eliminate the importance of proper formal execution — attested wills with self-proving affidavits remain the most reliable approach. But the harmless-error doctrine provides meaningful protection against the most common formal defects.