Detailed Answer
Quick answer: In Michigan, admitting an out-of‑state will to probate usually takes anywhere from a few weeks to several months. If the will is complete, uncontested, and the probate court can process the paperwork informally, you can often receive authority to act in 2–8 weeks. If the will is contested, witnesses are unavailable, the original will is missing, or formal proceedings/ancillary administration are required, the process can stretch to several months or longer.
How Michigan handles out‑of‑state wills
Michigan follows the general rule that a will validly executed under Michigan law or validly executed under the law of the place where it was signed will be recognized for probate in Michigan. This recognition is part of Michigan’s Estates and Protected Individuals Code (EPIC). For the statutory framework, see the EPIC chapter on the Michigan Legislature site: Michigan Compiled Laws, Chapter 700 (EPIC). If the decedent owned property in Michigan but lived elsewhere, Michigan may require an ancillary probate for Michigan assets.
Typical timeline — step by step
These are typical stages and the time each stage commonly takes when admitting an out‑of‑state will in Michigan:
- Document gathering (a few days–2 weeks): Collect the original will, certified death certificate, and contact information for witnesses or beneficiaries. If witnesses are unavailable, you may need affidavits explaining why.
- Filing the petition (1–3 days): File a petition for probate (petition for informal administration or for formal probate if required) with the probate court in the county where the decedent was domiciled or where Michigan property is located.
- Court intake and clerk review (1–3 weeks): The probate clerk checks paperwork. If everything is in order and no one objects, many Michigan counties use informal probate procedures and issue the personal representative’s authority without a hearing.
- Notice and waiting (2–6 weeks): The court or petitioner must notify heirs and interested persons. Allow time for the statutory notice and for any objections to be filed. If no objections arise, the court may issue Letters Testamentary or similar authority.
- If contested or formal probate required (months): If someone contests the will or the court requires a formal hearing (for example, because the will’s validity is uncertain or a witness cannot be located), expect formal litigation timelines and scheduling — often months to resolve.
Common factors that shorten or lengthen the process
- Shorten: Original will present; valid attestation or self‑proving affidavit; clear chain of notarized witness signatures; uncontested petition; use of informal probate procedures.
- Lengthen: Missing original will; no attesting witnesses or deceased witnesses; signature or execution doubts; multiple interested parties or objections; ancillary probate for Michigan property when the decedent was domiciled elsewhere; issues with authentication of a foreign (non‑U.S.) will (may require apostille or consular authentication).
Special note: wills executed outside the United States
If the will was executed outside the U.S., the court may require additional authentication (apostille or consular certificate) and certified translations. These extra steps add time — often several additional weeks.
Practical checklist to speed admission of an out‑of‑state will in Michigan
- Locate and bring the original will (photocopies are not sufficient for admission).
- Obtain a certified copy of the death certificate.
- Collect any self‑proving affidavit attached to the will or affidavits from witnesses verifying proper execution.
- Prepare a list of heirs, beneficiaries, and their contact information.
- File the appropriate probate petition with the probate court where the decedent was domiciled or where Michigan property is located.
- If the decedent was domiciled outside Michigan but owned Michigan real estate, be prepared for ancillary probate of Michigan assets.
For court forms and filing guidance, see the Michigan Courts’ probate forms and resources: Michigan Courts — Probate Forms.
When to get a lawyer
Consider hiring a probate attorney if the will is contested, the original is missing, witnesses are unavailable, the estate owns real property in multiple states (ancillary probate), or if you want help preparing a clean petition and notices. If you need help finding counsel, the State Bar of Michigan’s lawyer referral resources can help: State Bar of Michigan — Public Resources.
Bottom line
With a complete original will, a certified death certificate, and no disputes, many out‑of‑state wills are admitted in Michigan via informal probate within 2–8 weeks. If complications arise — missing documents, absent witnesses, contests, ancillary administration — expect several months or longer. Contact the local probate court clerk early to confirm filing requirements and consider counsel for contested or complex cases.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. Laws change and every situation is unique. For advice about a specific matter, consult a licensed Michigan probate attorney.
Helpful Hints
- Bring the original will to the probate court; copies won’t usually suffice.
- Get multiple certified copies of the death certificate early — courts and financial institutions often require them.
- If witnesses live out of state, ask them for notarized affidavits about the will’s execution to attach to the petition.
- Ask the probate clerk how your county handles informal admission and typical local timelines.
- If the decedent owned Michigan real property but lived elsewhere, ask about ancillary probate — it has its own timeline.
- Keep interested persons informed; surprise contests frequently delay the process.
- If time is critical (e.g., bills or property sales), consider seeking temporary court authority to act even while probate questions remain.