The will-writing process begins with a list of the property you want to include for distribution. There are other methods for distributing your property before or after you die, so you want to be clear about the assets you want to assign to your beneficiaries through your will.

In Michigan, wills must go through a probate process that usually lasts six months and can drag on for years in cases where the will is challenged. That is why people will sometimes choose to pass their assets to their heirs through other methods. Small estates of less than $15,000 that do not include real estate can often avoid probate. Common methods for distributing property outside of your will include:

• Gifting your property to others during your lifetime
• Establishing a trust to hold your assets for the benefit of someone else
• Naming beneficiaries to your retirement accounts and life insurance policies
• Naming a payable on death beneficiary for your financial accounts

Your list of assets should include your home, property, bank accounts, retirement accounts, and life insurance policies. You should then determine which of those assets you want to pass along to your beneficiaries through your will so that they can be included in the document.

Michigan law gives you a great deal of freedom in how you distribute your assets. But that freedom also means you need to be careful in who you name as your beneficiaries because, in most cases, your assets will only be passed to those named in your will.

When considering beneficiaries, the best place to start is with those who depend on you financially. That may include people who are outside of your immediate family and even a charity or other organization you support. If you name more than one beneficiary, you should explain how your assets should be divided among them. This can be done by dividing your estate into portions (one-half, one-third, etc.) or by stipulating a percentage of your assets that each beneficiary should receive.

The executor of an estate is the individual who is responsible for ensuring your assets are distributed in the manner laid out in your will. That means it is essential you choose someone capable of handling the responsibility and who will act in the best interests of your beneficiaries.

In many cases, the best person to serve as the executor of your estate is your spouse or one of your children. However, sometimes those individuals are either unable to perform the necessary tasks or are unavailable. In those instances, you can reach out to either a member of your extended family or trusted friends who are willing to take on the responsibility. If worse comes to worst, you can always pay someone like a local attorney to serve as your executor.

Children under the age of 18 are not allowed to inherit assets or property in Michigan. That means you need to appoint a guardian to care for your children until they reach 18. The only three requirements for someone to serve as a guardian in Michigan are that they need to be at least 18 years old, suitable, and willing to serve.

It is not uncommon for someone to name one guardian to see to the day-to-day needs of their children and a separate financial guardian to protect the inheritance and ensure the primary guardian is spending prudently. In most cases, people choose family members or close friends as guardians. You should also appoint someone who is financially stable, in good health, and shares your parenting style.

For a will to be recognized as valid in Michigan, it must have been properly executed. That means it must meet three requirements:

• It must be in writing
• It must be signed by the person who made the will or at that person’s direction while they are present
• At least two witnesses must sign it

A will that does meet those three requirements may still be a valid legal document if it is in the handwriting of the person making the will and has been signed and dated. Additionally, the probate court may find a will to be valid if it can be established by other evidence that the testator intended it to serve as their will. While there is no requirement that a Michigan will be notarized, having the will notarized by a notary public and signed by two witnesses will make it “self-proving” and allow the probate court to avoid contacting the witnesses who signed it.

You should keep your will, along with other estate planning documents, in a place that is both safe and easily accessed. You should also share its location with someone you trust so it is easily found when needed. Many people store their will in a home safe or locked filing cabinet. However, if you choose to lock it up, be sure that others know how to access it.

Some people choose to keep their will in a safe deposit box at their local bank. While this guarantees that the document will be protected, if you did not give your family, executor, or attorney access to the box, they will need a court order to do so. Seeking a court order is both an added expense for the estate and can take a great deal of time.

Most people view the making of a will as a one-time task, but it should be reviewed every few years. These reviews ensure it provides for any changes in circumstances. Things change over time, and your personal, family, or economic situation may not be reflected in your original will. Reviewing your will every few years ensures it still reflects how you would like your estate to be handled.