Disclaimer: This article is for educational purposes and is not legal advice.
Detailed Answer
When you uncover an original will decades after the testator’s passing, Michigan’s Estates and Protected Individuals Code (EPIC) governs probate. Follow these key steps to verify and admit the will to probate:
1. Identify the Original Will
Confirm you have the testator’s signed original will. Michigan courts require the actual signed instrument, not a photocopy. If the original is fragile or lost, locate any certified copy from a court, attorney file, or storage facility.
2. Determine Proper Court and Venue
File a petition with the probate court in the county where the decedent resided at death, per MCL 700.3202. If the residence is unclear, petition in the county with the most substantial estate assets.
3. File a Petition to Open Probate
Submit a petition to open probate along with the certified death certificate, the original will (or best available evidence of its contents), and an inventory of assets. Provide notice to all heirs and beneficiaries as required by the court.
4. Prove a Lost or Destroyed Will
If the original will is missing, damaged, or destroyed, prove its contents under the “lost will” procedure. Michigan law permits admission of a lost will when you demonstrate:
- Proper execution by the testator;
- No subsequent revocation;
- Contents established by clear and convincing evidence (witness testimony or authenticated copies) under MCL 700.3316.
5. Appointment of a Personal Representative
Upon admitting the will, the court appoints a personal representative to gather assets, pay debts and taxes, and distribute property per the will or Michigan’s intestacy rules if parts of the will fail (MCL 700.3404).
6. Court Hearing and Potential Challenges
The probate court schedules a hearing to review the petition. Interested parties may contest validity based on capacity, undue influence, fraud, or improper execution.
7. Final Distribution and Closing the Estate
After resolving any disputes and settling estate debts, the personal representative files a final accounting and petition for discharge. The court issues an order for final distribution according to the will.
Helpful Hints
- Store the will securely in a climate-controlled environment to preserve integrity.
- Locate and interview attesting witnesses or notaries to obtain sworn statements.
- Collect supporting documents: death certificate, asset titles, and related legal filings.
- Serve timely notices to heirs, beneficiaries, and known creditors to avoid procedural delays.
- Consult the local probate court clerk for specific forms, filing deadlines, and fee schedules.