Putting Your Funeral Wishes in Writing in Michigan
General information only, not legal advice. See the disclosure at the end.
Families often have to make funeral decisions within hours or days of a death, sometimes without knowing what their loved one wanted. Michigan law gives you a way to name the person who will make those decisions, called a funeral representative, and you can put your wishes in writing to guide them.
Who decides if you don't name anyone?
Michigan sets a priority order for who has the right to make decisions about funeral arrangements and the handling and disposition of a body, including cremation (MCL 700.3206). In general, the order is:
- For a service member, a person designated under federal military rules
- A funeral representative you designated
- Your surviving spouse
- Adults in this order: your children, grandchildren, parents, grandparents, and siblings
- Other relatives, in the order the statute sets out
If several people share the same priority, such as three adult children, they decide by majority. If they can't agree, any of them can ask the probate court to decide (MCL 700.3207). There are also 72-hour rules for when people with priority can't be found or don't act, and fallbacks if no one steps forward.
Naming a funeral representative moves your chosen person ahead of your spouse and relatives in that line.
What a funeral representative designation is
Under MCL 700.3206(2), an adult 18 or older who is of sound mind can designate another adult of sound mind as funeral representative. The designation can be a stand-alone document, or it can be included in a will, a patient advocate designation, or another writing. If it's in a will, the will doesn't have to go through probate for the designation to count.
The funeral representative's authority starts only after death (MCL 700.3206a). You can name a successor in case your first choice doesn't accept, is incapacitated, resigns, or is removed.
Michigan signing requirements
The designation must be in writing, dated, and signed voluntarily. It also must be one or both of the following:
- Signed in the presence of two witnesses, who also sign, or
- Acknowledged before a notary public
Some people can't act as a witness: the funeral representative, and people connected with the health care, cemetery, or crematory side. That includes health professionals and health or veterans facility staff who treated you during your final illness, and employees or owners of the cemetery or crematory that will serve you. Witnesses shouldn't sign unless you appear to be of sound mind and free from duress, fraud, or undue influence.
Who can't serve as your funeral representative
Unless they're your surviving spouse or a relative, these people can't serve as your funeral representative (MCL 700.3206(2)(c)):
- Staff or owners of the funeral home that will serve you
- Health professionals, or health or veterans facility staff or volunteers, who treated you during your final illness
- Staff or owners of the cemetery or crematory that will serve you
Acceptance, changes, and revocation
A funeral representative accepts either by signing an acceptance or simply by acting in the role (MCL 700.3206a). On request, they must give the funeral home a copy of the designation.
Under MCL 700.3206b, a designation can be revoked by a later designation, or by a written revocation signed the same way as the original. If there's no successor, it also ends if the representative resigns, can't be located, or refuses to act within 48 hours after learning of the death.
Paying for the funeral
Michigan law says the person who exercises the right over disposition must make sure the costs are covered, whether through a trust, insurance, a prepaid funeral contract, or another binding arrangement. Otherwise, that person may be liable for the costs (MCL 700.3206(13)). Many people let their funeral representative know how they've planned to pay.
What to put in your written wishes
A memorial plan can cover things like:
- Burial, cremation, or another option, and where remains should rest
- The type of service, religious traditions, music, readings, and speakers
- Funeral home or cemetery preferences, and any prepaid arrangements
- Obituary details and people to notify
- Where important papers are kept
The statute gives your funeral representative the right to make decisions. It doesn't say that a written list of preferences is automatically binding, so clear written wishes work best as guidance to the person you trust. Organ and tissue donation is handled under separate Michigan law and can also be addressed in a patient advocate designation.
When to talk with a Michigan attorney
Consider a licensed Michigan attorney if you expect family disagreement, you're separated but still married, you have a blended family, or you want to name someone other than your spouse or closest relatives.
Our Michigan memorial plans template
Our Michigan Final Memorial Plans & Funeral Representative Template is a self-help Word and PDF template for recording your wishes and naming a funeral representative. Browse more Michigan legal document kits.
FAQ
Does a Michigan funeral representative designation need witnesses? It needs two qualified witnesses or a notary acknowledgment, or both (MCL 700.3206(2)(b)).
Can a family member witness it? The statute's witness restrictions focus on the funeral representative and certain health care, cemetery, and crematory people. It doesn't list family members. Patient advocate designations have stricter witness rules.
Is a funeral representative the same as a patient advocate? No. A patient advocate makes medical decisions during life. A funeral representative acts only after death.
Disclosure: Rexford Mercantile is not a law firm and is not a substitute for a lawyer. This article is general information, not legal advice, and it may not reflect the most recent changes in Michigan law. We sell self-help document templates. For advice about your situation, talk with a licensed Michigan attorney.