The text of this Public Act was downloaded from the Michigan Compiled Laws database
(Copyright 1997, Michigan Legislative Council) as updated through Act No. 138 of
1998. The information contained in this printout is not intended to replace official
versions of this information and is subject to revision. Further, this information
is presented without warranties, express or implied, regarding the information's
accuracy, timeliness, or completeness.
MCL 700.123a
REVISED PROBATE CODE (Act 642 of 1978)
700.123a Validity of will executed pursuant to S 700.123c.
Sec. 123a. A will which is executed in the form prescribed by section
123c and which is otherwise in compliance with the terms of the Michigan
statutory will form is a valid will.
History: Add. 1986, Act 61, Eff. July 1, 1986.
MCL 700.123b
REVISED PROBATE CODE (Act 642 of 1978)
700.123b Printing and distribution of Michigan statutory will; printing
of notice provisions.
Sec. 123b. Persons printing and distributing the Michigan statutory will
shall print and distribute the form verbatim as it appears in section
123c. The notice provisions shall be printed in 10-point boldface type.
History: Add. 1986, Act 61, Eff. July 1, 1986.
MCL 700.123c
REVISED PROBATE CODE (Act 642 of 1978)
700.123c Form of Michigan statutory will.
Sec. 123c. The form of the Michigan statutory will is as follows:
MICHIGAN STATUTORY WILL
NOTICE
1. Any person age 18 or older and of sound mind may sign a
will.
2. There are several kinds of wills. If you choose to
complete this form, you will have a Michigan statutory
will. If this will does not meet your wishes in any
way, you should talk with a lawyer before choosing a
Michigan statutory will.
3. Warning! It is strongly recommended that you do not add
or cross out any words on this form except for filling
in the blanks because all or part of this will may not
be valid if you do so.
4. This will has no effect on jointly-held assets, on
retirement plan benefits, or on life insurance on your
life if you have named a beneficiary who survives you.
5. This will is not designed to reduce inheritance or
estate taxes.
6. This will treats adopted children and children born
outside of wedlock who would inherit if their parent
died without a will the same way as children born or
conceived during marriage.
7. You should keep this will in your safe deposit box or
other safe place. By paying a small fee, you may file
the will in your county's probate court for
safekeeping. You should tell your family where the will
is kept.
8. You may make and sign a new will at any time. If you
marry or divorce after you sign this will, you should
make and sign a new will.
INSTRUCTIONS:
1. To have a Michigan statutory will, you must complete
the blanks on the will form. You may do this yourself,
or direct someone to do it for you. You must either
sign the will or direct someone else to sign it in your
name and in your presence.
2. Read the entire Michigan statutory will carefully
before you begin filling in the blanks. If there is
anything you do not understand, you should ask a lawyer
to explain it to you.
MICHIGAN STATUTORY WILL OF
________________________________________
(Print or type your full name)
ARTICLE 1. DECLARATIONS
This is my will and I revoke any prior wills and codicils. I
live in ____________________ County, Michigan.
My spouse is _________________________________________.
(Insert spouse's name or write "None")
My children now living are:
_________________________________ ______________________________
(Insert names or write "None")
_________________________________ ______________________________
_________________________________ ______________________________
ARTICLE 2. DISPOSITION OF MY ASSETS
2.1 CASH GIFTS TO PERSONS OR CHARITIES. (Optional)
I can leave no more than two (2) cash gifts. I make the
following cash gifts to the persons or charities in the amounts
stated here. Any inheritance tax due shall be paid from the
balance of my estate and not from these gifts.
Full name and address of person or charity to receive cash
gift.
(Name only one (1) person or charity here)
(Please print)________________________ of ______________________
(Insert name) (Insert address)
AMOUNT OF GIFT (In figures): $____________________
AMOUNT OF GIFT (In words):____________________dollars
____________________________
Your Signature
Full name and address of person or charity to receive cash
gift.
(Name only one (1) person or charity here)
(Please print)________________________ of ______________________
(Insert name) (Insert address)
AMOUNT OF GIFT (In figures): $____________________
AMOUNT OF GIFT (In words):____________________dollars
____________________________
Your Signature
2.2 PERSONAL AND HOUSEHOLD ITEMS.
I may leave a separate list or statement either in my
handwriting or signed by me at the end, regarding gifts of
specific books, jewelry, clothing, automobiles, furniture, and
other personal and household items.
I give my spouse all my books, jewelry, clothing,
automobiles, furniture, and other personal and household items
not included on any such separate list or statement. If I am not
married at the time I sign this will, or if my spouse dies before
me, my personal representative shall distribute those items, as
equally as possible, among my children who survive me. If no
children survive me, these items shall be distributed as set
forth in paragraph 2.3.
Any inheritance tax due shall be paid from the balance of my
estate and not from these gifts.
2.3 ALL OTHER ASSETS.
I give everything else I own to my spouse. If I am not
married at the time I sign this will, or if my spouse dies before
me, I give these assets to my children and the descendants of any
deceased child. If no spouse, children, or descendants of
children survive me, I choose one of the following distribution
clauses by signing my name on the line after that clause. If I
sign on both lines, or if I fail to sign on either line, or if I
am not now married, these assets will go under distribution
clause (b).
Distribution clause, if no spouse, children, or descendants
of children survive me (Select only one).
(a) One-half to be distributed to my
heirs as if I did not have a will,
and one-half to be distributed to
my spouse's heirs as if my spouse
had died just after me without a
will.
_________________________
(Your Signature)
(b) All to be distributed to my heirs
as if I did not have a will.
_________________________
(Your Signature)
ARTICLE 3. NOMINATIONS OF PERSONAL REPRESENTATIVE, GUARDIAN, AND
CONSERVATOR
Personal representatives, guardians, and conservators have a great deal
of responsibility. The role of a personal representative is to collect
your assets, pay debts and taxes from those assets, and distribute the
remaining assets as directed in the will. A guardian is a person who will
look after the physical well-being of a child. A conservator is a person
who will manage a child's assets and make payments from those assets for
the child's benefit. Select them carefully. Also, before you select them,
ask them whether they are willing and able to serve.
3.1 PERSONAL REPRESENTATIVE. (Name at least one)
I nominate __________________________________________________
(Insert name of person or eligible financial
institution)
of ____________________________________________________________
(Insert address)
to serve as personal representative.
If my first choice does not serve, I nominate
______________________________________________________________ of
(Insert name of person or eligible financial institution)
________________________________________ to serve as personal
(Insert address)
representative.
3.2 GUARDIAN AND CONSERVATOR.
Your spouse may die before you. Therefore, if you have a
child under age 18, name a person as guardian of the child, and a
person or eligible financial institution as conservator of the
child's assets. The guardian and the conservator may, but need
not be, the same person.
If a guardian or conservator is needed for any child of
mine, I nominate
___________________________________________________________
(Insert name of person)
of _____________________________________________ as guardian
(Insert address)
and ____________________________________________________________
(Insert name of person or eligible financial institution)
of ____________________________________________________________
(Insert address)
as conservator.
If my first choice cannot serve, I nominate
___________________________________________________________
(Insert name of person)
of _____________________________________________ as guardian
(Insert address)
and ____________________________________________________________
(Insert name of person or eligible financial institution)
of ____________________________________________________________
(Insert address)
as conservator.
3.3 BOND.
A bond is a form of insurance in case your personal representative or a
conservator performs improperly and jeopardizes your assets. A bond is not
required. You may choose whether you wish to require your personal
representative and any conservator to serve with or without bond. Bond
premiums would be paid out of your assets.
(Select only one)
(a) My personal representative and any conservator I have named shall
serve with bond.
_________________________
(Your signature)
(b) My personal representative and any conservator I have named shall
serve without bond.
_________________________
(Your signature)
3.4 DEFINITIONS AND ADDITIONAL CLAUSES.
Definitions and additional clauses found at the end of this
form are part of this will.
I sign my name to this Michigan statutory will on
_________________________, 20___.
______________________________________
(Your signature)
NOTICE REGARDING WITNESSES
You must use two (2) adult witnesses who will not receive assets under
this will. It is preferable to have three (3) adult witnesses. All the
witnesses must observe you sign the will, or have you tell them you signed
the will, or have you tell them the will was signed at your direction in
your presence.
STATEMENT OF WITNESSES
We sign below as witnesses, declaring that the person who is
making this will appears to be of sound mind and appears to be
making this will freely and without duress, fraud, or undue
influence and that the person making this will acknowledges that
he or she has read, or has had it read to them, and understands
the contents of this will.
____________________________ ____________________________
(Print Name) (Signature of Witness)
____________________________
(Address)
____________________________
(City) (State) (Zip)
____________________________ ____________________________
(Print Name) (Signature of Witness)
____________________________
(Address)
____________________________
(City) (State) (Zip)
____________________________ ____________________________
(Print Name) (Signature of Witness)
____________________________
(Address)
____________________________
(City) (State) (Zip)
Definitions
The following definitions and rules of construction shall apply to this
Michigan statutory will:
(a) "Assets" means all types of property you can own, such as real
estate, stocks and bonds, bank accounts, business interests, furniture,
and automobiles.
(b) "Jointly-held assets" means those assets ownership of which
is
transferred automatically upon the death of 1 of the owners to the
remaining owner or owners.
(c) "Spouse" means your husband or wife at the time you sign this will.
(d) "Descendants" means your children, grandchildren, and their
descendants.
(e) "Descendants" or "children" includes persons born
or conceived
during marriage, persons legally adopted, and persons born out of wedlock
who would inherit if their parent died without a will.
(f) Whenever a distribution under a Michigan statutory will is to be
made to a person's descendants, the assets are to be divided into as many
equal shares as there are then living descendants of the nearest degree of
living descendants and deceased descendants of that same degree who leave
living descendants. Each living descendant of the nearest degree shall
receive 1 share. The share of each deceased descendant of that same degree
shall be divided among his or her descendants in the same manner.
(g) "Heirs" means those persons who would have received your assets
if
you had died without a will, domiciled in Michigan, under the laws which
are then in effect.
(h) "Person" includes individuals and institutions.
(i) Plural and singular words include each other, where appropriate.
(j) If a Michigan statutory will states that a person shall perform an
act, the person is required to perform that act. If a Michigan statutory
will states that a person may do an act, the person's decision to do or
not to do the act shall be made in a good faith exercise of the person's
powers.
Additional Clauses
(a) Powers of personal representative.
(1) The personal representative shall have all powers of administration
given by Michigan law to independent personal representatives, and the
power to invest and reinvest the estate from time to time in any property,
real or personal, even though such investment, by reason of its character,
amount, proportion to the total estate, or otherwise, would not be
considered appropriate for a fiduciary apart from this provision. In
dividing and distributing the estate, the personal representative may
distribute
partially or totally in kind, may determine the value of
distributions
in kind without reference to income tax basis, and may make
non pro rata distributions.
(2) The personal representative may distribute estate assets otherwise
distributable
to a minor beneficiary to (a) the conservator, or (b) in
amounts not exceeding
$5,000.00 per year, either to the minor, if married;
to a parent or any adult
person with whom the minor resides and who has
the care, custody, or control
of the minor; or the guardian. The personal
representative is free of liability
and is discharged from any further
accountability for distributing assets
in compliance with the provisions
of this paragraph.
(b) Powers of
guardian and conservator. A guardian named in this will
shall have the same
authority with respect to the child as a parent having
legal custody would have.
A conservator named in this will shall have all
of the powers conferred by law.
History: Add. 1986, Act 61, Eff. July 1, 1986.
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