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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