This episode starts with a real-world question from a Trader Joe’s cashier in Michigan: “If I want to leave everything to my brother, can I just write it down and sign it?” The short answer in Michigan is yes — it’s called a holographic Will. The long answer is complicated. In this episode, Jill explains what a handwritten Will is, what it legally controls, what the state requires, and how to draft one in an emergency without accidentally creating chaos for the people you love. She also walks step-by-step through a sample holographic Will and breaks down six specific pitfalls that turn “simple” DIY planning into expensive, painful litigation. This is a practical crash course for anyone wondering whether they really need a lawyer, what handwritten Wills can and can’t do, and how to avoid the disasters that happen when “I’ll just jot this down” intersects with probate.
What You’ll Learn in This Episode
What a Holographic Will Is
Michigan’s Requirements (for validity)
A handwritten Will is valid in Michigan if it:
That’s the bare minimum, not a guarantee that the document will do what you think.
What a Will Actually Controls
Not everything you own is governed by your Will. Some assets bypass probate entirely.
Assets controlled by your Will:
Assets that bypass your Will:
Example: A 401(k) will follow the beneficiary designation, even if your Will says otherwise.
If you want a change, update the form. Your Will does not override it.
How to Structure a Handwritten Will (in an Emergency)
Jill walks through a step-by-step handwritten format, including:
Plus a final affirmation sentence to prevent challenges to handwriting authenticity
When Notarizing Helps
Why Complexity Is the Enemy of DIY Wills
The episode offers six pitfalls that almost always blow up handwritten Wills:
DIY Wills explode when they try to do too much.
If you must write your own, keep it brutally simple.
Resources & Links
Visual guide: Probate vs. Non-Probate Assets
Sample language for a Michigan handwritten Will
Episode 36: When Transfer-on-Death Deeds Promise to Avoid Probate but Create Chaos
Episode 38: Why You Need (or Don’t Need) a Will
Estate Plan Audit — Translate your lawyer-written Will into English and verify whether it does what you think: www.deathreadiness.com/audit
Connect with Jill:
Did you enjoy this episode? Share it with someone you care about.
The Death Readiness Podcast
Episode: 50
Title: How to write your own Will (and why you shouldn’t)
Host: Jill Mastroianni (Solo)
Published: December 9, 2025
Jill Mastroianni (00:00): Today’s episode starts in the parking lot of a Trader Joe’s in Michigan, with a cashier who asks me a question almost everyone thinks about at some point:
If I want to leave everything to my brother, can I just write it down and sign it?
The short answer is: in Michigan, you can —that’s called a holographic Will.
The long answer is why this episode exists. Because handwritten Wills may be valid on paper, but in real life, they’re a minefield — they get challenged, misunderstood, misinterpreted, and often distribute property in ways you never intended.
Today, we’re going to talk about why people try to write their own Will, why those attempts blow up in probate court, and how to keep your handwritten attempt from becoming a family disaster.
(00:48) Welcome to the Death Readiness Podcast. This is not your dad’s estate planning podcast. I’m Jill Mastroianni, former estate attorney, current realist, and your guide to wills, trusts, probate and the conversations no one wants to have. If your Google search history includes, “Do I need a trust?” “What exactly is probate?” and “Am I supposed to do something with mom’s Will?” you’re in the right place.
I do all of my grocery shopping at Trader Joe’s. The produce is fresh and the people — the people are so friendly.
I’ve tried shopping at other grocery stores. My bill wasn’t lower, but my mood definitely was.
I’m a person who loves, absolutely loves, routines. Don’t surprise me with a secret getaway, and definitely don’t suggest a breakfast food other than sourdough toast with butter.
(01:45) I also love a personal uniform, and I have one. Years ago, Costco sold these Kirkland brand cotton leggings that are the most comfortable thing in the world. My winter uniform is those leggings and a Death Readiness Podcast sweatshirt. They fit everything I do: sleeping, walking the dogs, running, and meeting virtually with clients — because if it has my logo on it, it’s work attire.
So yes, I wear my Death Readiness sweatshirt everywhere, including Trader Joe’s. And during a recent trip, the friendly cashier, Ron, asked me about the podcast. We chatted briefly, and then he followed me out of the store with a question:
Ron has a brother and he wants to leave everything to him. Can he just write that on a piece of paper? And what if he gets it notarized?
(02:34) So this Tuesday Triage is for Ron in Michigan. And before I answer his question, I want to take a moment to say that today is the 50th episode of The Death Readiness Podcast. Whether you’re new to the podcast today or have been here from the beginning, thank you. You have a lot of options for how to spend your time, and I appreciate you choosing to spend part of that time with me.
I have a feeling Ron is not alone in his question. Lawyers are expensive, the legal system is confusing, and it’s totally reasonable to wonder: Do I really need to get a lawyer involved, or can I just do this myself?
Let’s unpack it together.
First, let’s be clear about what Ron is asking. He wants to know if he can write his own Will, just literally write it down and sign it.
What he’s really talking about is a holographic Will.
In states that allow them, a holographic Will is, generally, a handwritten Will, entirely, or at least mostly, in the handwriting of the person making it, the testator, and signed and dated by that person.
(03:46) As a practicing attorney, I helped clients draft a holographic Will in emergency situations — a hospital bed, a sudden diagnosis, a crisis with no time for a formal signing. But when the emergency passed, I always had them come to the office to sign a formal Will, one that I prepared.
Why? Because holographic Wills come with problems baked in. One of the biggest is that the person writing it—Ron, in this case—is not an estate planning attorney. What sounds perfectly clear when you write it may be vague, incomplete, or contradictory once a court is trying to interpret it without you around to explain what you meant.
Now, if Ron is intent on writing a holographic Will, he has one thing working in his favor: Michigan actually allows holographic Wills.
(04:40) And Michigan law says a handwritten Will is valid if it has three things:
#1: It’s dated.
#2: It’s signed, and
#3: The material portions are in the testator’s handwriting.
It sounds easy — but it’s not.
And before I tell you how to write a holographic Will, I want to answer a question Ron didn’t ask — and that a lot of people don’t ask:
What property does this handwritten Will actually control?
We tend to assume that once we sign a Will, everything we own will go where we say it should go in the Will, but that’s not how it works.
If you want a deeper dive on that, listen to Episode 38: Why You Need (or Don’t Need) a Will. I’ll link to it in the show notes.
But for now, let’s keep it simple and focus on Ron.
Once he signs this holographic Will, does everything he owns automatically go to his brother when Ron dies?
It depends.
(05:47) It depends on what Ron owns, how he owns it, and whether it has designated beneficiaries or payable-on-death instructions attached.
Assets that Ron owns, individually, without a beneficiary designation or payable-on-death instruction, will generally be distributed according to his holographic Will.
For example, if Ron owns a house and his name alone is on the deed, that house would go through his probate estate and it will go where his Will says it should go.
Unless, and I’m not recommending this, Ron records a transfer-on-death deed, also called a ladybird deed. In that case, the house would bypass the Will entirely and pass outside of probate. If you’re curious about how those work, I’ll link to Episode 36 in the show notes: When Transfer-on-Death Deeds Promise to Avoid Probate but Create Chaos.
(06:47) Now, let’s look at a different asset:
Ron works at Trader Joe’s, and Trader Joe’s offers a 401(k) retirement plan. That’s an asset with a beneficiary designation.
Let’s say Ron filled out his beneficiary form years ago, when his little sister was struggling financially, and he named her as the beneficiary.
If Ron died, that retirement account would go to his sister, even if his Will says everything should go to his brother.
So Ron, if you want your 401(k) to go to your brother, check your beneficiary designation and update it so that your brother is the beneficiary.
Now, I’m assuming Ron isn’t married, because he said he wants everything to go to his brother. But if Ron is married and wants to leave his 401(k) to his brother instead of his spouse, his spouse is going to have to sign off on that.
(07:46) And in Michigan, like in other states, a surviving spouse is entitled to something called an elective share. That means even if Ron leaves nothing to his spouse in his Will, his spouse can elect to take a share of the estate that state law says a spouse is entitled to.
So Ron, if you are married, know that your spouse has rights.
It can be confusing that not everything you own is controlled by your Will. Some assets are governed by beneficiary forms, contracts, or titling, and they completely bypass probate (and your Will).
I’ve created a visual that shows the difference between probate assets, those that are controlled by your Will, and non-probate assets, those that are NOT controlled by your Will.
If it’s easier for you to see it rather than hear it, you’ll find that linked in the show notes.
(08:39) So now Ron can do two things:
#1: Listen to the episode about whether he needs a Will at all.
#2: Download the visual that explains which assets his Will actually controls.
And once he understands that, he’ll know what this holographic Will affects, and what it doesn’t.
I want to be clear: I am not recommending that anyone draft a holographic Will. They are notorious for triggering litigation over interpretation and validity, which always ends up costing more than hiring an attorney to draft a proper Will in the first place.
But if I were Ron, and I were in an emergency, and I absolutely had to write a holographic Will, here’s what I’d do.
First, because Ron lives in Michigan, I’d double-check the Michigan requirements. A holographic Will in Michigan needs three things:
#1: It must be dated.
#2: The testator, which is Ron, must sign it, and
#3: The material portions must be in the testator’s, Ron’s, handwriting.
(09:55) So I’d take out a piece of paper and a pen, and I’d start by writing the date at the top — because that’s what the statute says to do.
Then I’d write.
And I’m going to dictate to you what I would write, step by step. But if you’re listening while driving, walking, cleaning, or navigating a Trader Joe’s parking lot, please do not try to transcribe this.
I’m including a link in the show notes to a document that contains the exact language of the sample holographic Will I’m about to walk you through.
Just listen. Take it in. You do not need to write any of this down.
And for purposes of this exercise, we’re going to assume Ron has a brother, Gregory, and a sister, Johanna. And they all share the last name Smith.
(10:45) Okay, so after writing the date at the top, I would write:
I, Ronald Smith, domiciled in Royal Oak, Oakland County, Michigan, declare this to be my Last Will and Testament.
I’m saying all of that so it’s crystal clear that I intend this document to be my Will. If that intent isn’t obvious, people will fight about it. Yes, families litigate over whether a handwritten document was meant to be a Will or just notes.
Then I’d continue with that same sentence and build it out:
I, Ronald Smith, domiciled in Royal Oak, Oakland County, Michigan, declare this to be my Last Will and Testament, disposing of all of my property, real, personal, and mixed, of whatever kind and character and wherever situated, including any property payable to the Executor or my estate as the result of my death.
(11:52) And this is where I would do something lawyers love: I would define all of that — the real property, personal property, mixed property, everything — as “Property” with a capital P.
So at the end of that sentence, in parentheses, I’d write:
(collectively, my capital P quote “Property”).
And the reason for doing that is simple: from this point forward, instead of writing “my real, personal, and mixed property of whatever kind and character,” I can just write “my Property,” and everyone reading this document knows exactly what I mean.
Next, I’m going to appoint an Executor. We’ll keep this simple and make Ron’s brother the Executor:
I appoint my brother, Gregory Smith, to serve as Executor of this my Will.
(12:50) Then I’ll include a backup in case Gregory can’t serve:
If Gregory Smith is unable or unwilling to serve or should otherwise cease to serve, I appoint Johanna Smith to serve as successor Executor.
And because I don’t want to add any unnecessary administrative steps or expenses for whoever ends up doing this job, I’ll add:
No bond shall be required of any individual serving as Executor.
A bond is essentially an insurance policy the court can require from an Executor to guarantee they handle the assets properly. It’s meant to protect beneficiaries from mismanagement, but it also adds cost and paperwork.
Now we get to who receives the capital P Property. Ron said he wants everything to go to his brother, so I would write:
I give all of my Property to my brother, Gregory Smith, outright and free of trust, if he survives me.
(13:57) So far, so good.
But I have a question: What happens if Ron’s brother dies before Ron?
Since Ron is going to all the trouble to write a holographic Will, we might as well build in a backup plan.
So I would write:
If my brother, Gregory Smith, does not survive me, I give my Property to my sister, Johanna Smith, outright and free of trust, if she survives me.
Now let’s close the loop so we don’t leave any unanswered “what ifs.” I’d add something like:
If neither Gregory Smith nor Johanna Smith survive me, then my Property shall be distributed outright and free of trust to those persons who would be my heirs, and in the proportions they would take, as if I had died intestate, unmarried, and domiciled in the State of Michigan.
(14:54) You might have caught the use of the word “unmarried.” You can direct your estate to be distributed as if you were unmarried, even if you are married. But it’s important to remember: in Michigan, a surviving spouse has the legal right to take a statutory share of the estate, regardless of what the Will says. That’s called the spouse’s elective share. So even if your Will says you’re unmarried, your spouse can still elect to take their portion.
So what did we just do there? We created a clear fallback plan. If Ron’s brother and sister don’t survive him, then his Property should be distributed according to Michigan’s intestacy laws—basically, the default rules the state uses to divide assets when someone dies without a Will.
Now, are we done yet? Let’s check this against the Michigan holographic Will requirements:
#1: It must be dated — Ron put the date at the top.
#2: The testator must have signed it — Ron needs to sign it.
#3: The material portions must be in the testator’s handwriting — Ron wrote the entire document by hand.
(16:11) So technically, yes, Ron has a valid holographic Will.
But here’s where things get tricky.
I don’t know what Ron’s handwriting looks like. I’ve tried to make the language as clear and legally precise as possible, but if his handwriting is illegible, no one is going to know what this Will says.
And if Ron usually has terrible handwriting and suddenly writes neatly in his Will, someone is going to argue that Ron didn’t actually write it.
Yes, handwriting inconsistency is absolutely something people fight about in court.
So, I would add one more sentence at the end of the document to help eliminate that argument:
By signing below, I affirm that this is my Will and that I have written it in my own handwriting.
(17:04) And then Ron would sign directly underneath it.
In the Trader Joe’s parking lot, Ron also asked if he should get his handwritten Will notarized.
A notary public is basically an official witness. Their job is to verify identity, watch someone sign a document, and confirm that the signature was given voluntarily. They don’t give legal advice, and they don’t tell you whether what you’re signing is smart — they just witness and stamp.
Michigan law does not require notarization for a holographic Will. But having it notarized can help prove that the document is genuine, that it really is Ron’s signature.
Now, if Ron decides to use a notary public, he needs to include what’s called a notary block, which is a short statement signed by the notary. It identifies the state and county, names the person signing, and confirms that the person appeared before the notary and acknowledged the document.
(18:09) It sounds official because it is. I’ll include language for this notary block in the sample holographic Will I’ll link to in the show notes.
Once that’s signed and stamped, the notary’s job is done.
And again, although a notary public is not required for a holographic Will in Michigan, it can be helpful. It confirms the identity of the person signing, adds credibility to the document, and makes it harder for someone to argue that the signature is forged.
If you do attempt a holographic Will, you need to keep it simple.
And I’m going to repeat that because it matters: keep. it. simple.
I don’t want you leaving this episode thinking holographic Wills are a great option just because you don’t have “a lot” of money or because your situation feels “simple.” It’s almost never about the size of your estate. The real complexity comes from people—who’s inheriting, how they receive it, and what can go sideways when humans are involved.
(19:15) So what do I mean by simple? Let me break it down for you in six very specific ways.
#1: Don’t give gifts to minors.
A handwritten Will is not the place to get creative about who will “hold onto” money for a child. And in most states, gifting to a minor automatically drags a court-appointed guardian into the process, which can get expensive.
And just to be clear, you are effectively creating a trust — a messy, undefined, unwritten trust — when you write:
“I give $10,000 to my niece Susan and I want my brother to hold onto it until she’s old enough.”
That is a litigation tinder box.
#2: Don’t try to create a trust.
Good trusts are drafted by lawyers for a reason. They require definitions, distribution standards, powers, tax terms, and enforcement mechanisms.
(20:13) You cannot do it yourself with a ballpoint pen in a hospital room.
#3: Don’t give someone a gift that will disqualify them from government benefits.
If a beneficiary receives government benefits that are based on financial eligibility requirements, an inheritance can knock them out of eligibility.
For example, my brother has Down syndrome. He receives SSI and Medicaid, and to remain eligible, his assets can’t exceed $2,000.
A well-intentioned $10,000 gift could cause him to lose health insurance and income support.
I’m not saying to disinherit a loved one with special needs. I’m saying: talk to an attorney and set up a special needs trust so you don’t accidentally harm the person you intended to help.
#4: Don’t give to more than one beneficiary.
The more people you name, the more interpretation issues you create.
Simple wills have one beneficiary. All other wills should have lawyers.
#5: Don’t leave one item to more than one person.
Nothing will turn a sentimental item into a family battlefield faster than joint ownership.
(21:29) So don’t give your engagement ring to “my daughters.” That’s not a gift; that’s a fight.
#6: Don’t get poetic.
This is not the place for flowery language, emotional backstory, or therapeutic closure.
Do not use your Will to tell your sister why you’re not leaving her anything, or to finally deliver the speech you’ve rehearsed in the shower for five years.
A Will is a legal instrument. Its job is clarity, not catharsis. Write plainly and write directly.
So those are my rules for a last-ditch, handwritten Will: keep it simple, keep it readable, and do not turn it into a final performance review of your family.
And Ron, this entire episode is why I couldn’t answer you in one sentence in the Trader Joe’s parking lot.
I really appreciate you stopping to ask. You’re trying to make an estate plan, and that matters.
(22:27) And for the record, you are not the first Trader Joe’s cashier to ask me about The Death Readiness Podcast. So thank you, and thank you to everyone at Trader Joe’s, for asking the questions so many people are quietly wondering.
I wear the Death Readiness Podcast sweatshirt for a reason. I want people to ask questions. Even if it takes a full Tuesday Triage episode for me to answer properly.
And if you’ve been listening for a while, thank you. Fifty episodes in, and we’re still here having real conversations about death, because it’s the most human thing we all avoid.
And if you have a Will a lawyer wrote and you nodded along but secretly had no idea what it said, check out my Estate Plan Audit. I’ll translate the legalese into English and tell you if it actually does what you think it does. Learn more at deathreadiness.com/audit. That’s deathreadiness.com/audit. I’ll link to it in the show notes.
(23:27) And, if you have a question you’d like me to answer on a future Tuesday Triage episode, submit it at deathreadiness.com/tuesdaytriage. That’s deathreadiness.com/tuesdaytriage. The link is in the show notes.
Thanks for listening today.
This is Death Readiness, real, messy and yours to own. I’m Jill Mastroianni and I’m here to help you sort through it, especially when you don’t know where to start.
Hi, I'm April, Jill's daughter. Thanks for listening to The Death Readiness Podcast. While my mom is an attorney, she’s not your attorney. The Death Readiness Podcast is for educational and entertainment purposes only. It does not provide legal advice. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state. To learn more about the services my mom offers, visit DeathReadiness.com.