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State signing rules

Michigan signing requirements

How your will and revocable living trust must be executed in Michigan.

Will and revocable living trust

Minimum age to make a will
18 years
Witnesses required for a will
2
Witnesses should be disinterested
Yes — use non-beneficiaries
Notary required for the will
No, but recommended for the affidavit
Self-proving affidavit
Available — included in your will
Witnesses for the trust instrument
0
Notarization of the trust
Strongly recommended
Community property state
No
Handwritten (holographic) wills
Recognized
Electronic signature for a will
Not recognized — sign on paper
Trust must be in writing
Yes
Electronic signature for the trust
Not recognized — sign on paper
Will statute
MCL 700.2502(1), (2), 2504, 2505
Trust statute
MCL 700.7402

Healthcare power of attorney and advance directive

Age required to sign
18 years
Witnesses required
2
Notarization
Not required, but commonly used in place of or alongside witnesses
Who may not witness
Statutory exclusions apply — avoid your agent, relatives, heirs and treating providers
Mental-health treatment decisions
Covered by the healthcare directive
Advance directive statute
MCL 700.5507
Healthcare POA statute
MCL 700-5506
Rules last verified
2026

Living will and advance directive details

Statutory form published
No prescribed form
Pregnancy restriction
Yes — your directive addresses pregnancy expressly
Physicians who must certify the condition
2
Notary instead of witnesses
Not permitted — use witnesses
Living will and healthcare POA combined
Permitted
Agent may work for your facility
Not unless related to you
Authority may begin immediately
Yes, if you choose
Mental-health treatment declaration
Not used in this state

HIPAA authorization

Categories needing express authorization
mental health and psychiatric records, substance use disorder treatment records (42 C.F.R. Part 2), HIV/AIDS testing and treatment records, genetic testing results

Final disposition instructions

Written disposition directive
Recognized by statute
Witnesses required
2
Notarization
Required
Disposition agent
Must be designated separately from your healthcare agent
Disposition statute
Mich. Comp. Laws 700.3206

Michigan has no living-will statute; wishes are carried out through the Designation of Patient Advocate, signed before two witnesses who are not your spouse, parent, child, grandchild, sibling, presumptive heir, known devisee, physician or an employee of your treating facility. The patient advocate must sign an acceptance before acting. Michigan recognises a separate funeral representative designation.

Two competent adult witnesses should sign in the presence of the testator and of each other, followed by a notary acknowledgment for the self-proving affidavit.

Signing day in Michigan, step by step

Bring: final documents printed single-sided and unstapled; blue or black ink pens; government photo identification for you and every witness. You will also need the number of adult, disinterested witnesses your state requires and a commissioned notary public (bank, shipping store, title company or mobile notary).

Before signing day

  1. 1Confirm you may sign. You must be at least 18 to make a will and 18 to sign healthcare documents in Michigan, and you must be of sound mind and signing voluntarily.
  2. 2Arrange witnesses. Arrange 2 witnesses for your will. Michigan expects disinterested witnesses, so use adults who receive nothing under your plan.
  3. 3Book a notary. Notarization of the trust is strongly recommended in Michigan, and the notary also completes the self-proving affidavit for your will. Bring photo ID for everyone.
  4. 4Print the final set. Print every document single-sided on paper. Michigan does not recognize an electronic signature on a will, so it must be signed on paper.

Will and revocable living trust

  1. 1Sign the revocable living trust. Sign the trust as grantor and as trustee in front of the notary. Governing statute: MCL 700.7402.
  2. 2Declare and sign the will. State aloud that the document is your will and that you are asking the witnesses to witness it, then sign at the end in their presence.
  3. 3Witnesses sign. Your 2 witnesses sign in your presence and in each other's presence and print their names and addresses. Governing statute: MCL 700.2502(1), (2), 2504, 2505.
  4. 4Complete the self-proving affidavit. Immediately afterward, you and the witnesses swear to the affidavit before the notary, who signs and seals it. This lets the court accept the will without calling your witnesses.

Healthcare, HIPAA and disposition documents

  1. 1Sign the healthcare power of attorney and living will. Sign in front of 2 witnesses. Your agent, relatives by blood or marriage, heirs and employees of your treating provider may not serve as witnesses. Statute: MCL 700-5506.
  2. 2Sign the HIPAA authorization. Sign and date the HIPAA authorization; no witnesses are required under federal law. Michigan requires express authorization for mental health and psychiatric records, substance use disorder treatment records (42 C.F.R. Part 2), HIV/AIDS testing and treatment records, genetic testing results records, which your form includes.
  3. 3Sign the final disposition instructions. Sign in front of 2 witnesses and have it notarized. Your disposition agent must be named separately from your healthcare agent. Statute: Mich. Comp. Laws 700.3206.
  4. 4Sign the durable financial power of attorney. Have the financial power of attorney notarized even if the statute is silent; banks and county recorders will insist on it.

After signing

  1. 1Store originals and distribute copies. Keep the signed originals somewhere safe and accessible, tell your successor trustee where they are, and give copies to your healthcare agent, physician and hospital.
  2. 2Fund the trust. Retitle real estate, accounts and business interests into the trust and update beneficiary designations.

ETrustPlan is a self-help document assembly service, not a law firm, and this information is not legal advice. Signing requirements change; confirm them with a licensed attorney in your state before you sign.

Michigan signing questions

Quick answers drawn from the Michigan rules above.

Guidance used for Michigan

Rules last reviewed August 26, 2026

  • Pour-over will execution:MCL 700.2502(1), (2), 2504, 2505(reviewed August 24, 2026; statutes read 2026)
  • Revocable trust:MCL 700.7402(reviewed August 24, 2026; statutes read 2026)
  • Living will / advance directive:MCL 700.5507(reviewed August 26, 2026; statutes read 2026)
  • Healthcare power of attorney:MCL 700-5506(reviewed August 26, 2026; statutes read 2026)
  • Final disposition instructions:Mich. Comp. Laws 700.3206(reviewed August 26, 2026; statutes read 2026)
  • Two competent adult witnesses should sign in the presence of the testator and of each other, followed by a notary acknowledgment for the self-proving affidavit.
  • Michigan has no living-will statute; wishes are carried out through the Designation of Patient Advocate, signed before two witnesses who are not your spouse, parent, child, grandchild, sibling, presumptive heir, known devisee, physician or an employee of your treating facility. The patient advocate must sign an acceptance before acting. Michigan recognises a separate funeral representative designation.
Read the full signing guide