Detailed answer — how Michigan probate handles a lost or damaged original will

Short answer: losing or damaging the original will in the mail does not automatically invalidate the will. In Michigan you can ask the probate court to admit alternative proof of the will (for example a copy and witness testimony) so the decedent’s testamentary intent is given effect. But you must move quickly, preserve evidence, and be prepared to prove the will’s authenticity and that it was not revoked.

Core legal principles (plain language)

• The probate court’s job is to determine whether a writing is the decedent’s valid last will. The court admits wills into probate, and it can admit a lost or destroyed original if enough proof shows the will existed, was validly executed, and was not revoked.
• Loss or damage after the testator’s death (for example, damage while mailing to the court) usually does not count as a revocation by the testator. A will is revoked only by the testator’s act (like burning, tearing, or a later valid will) while alive, or by a later valid instrument.
• If the original cannot be produced, the person seeking probate bears the burden to prove the will’s contents, authenticity, and the reason the original is not available.

Typical steps to take right away

1. Notify the probate court in the county where the decedent lived or where probate will be opened. Tell the clerk that the original will was mailed but lost or damaged in transit and ask about the court’s process for filing a copy or petitioning to admit a lost will.
2. Preserve any copy you have: photocopies, scans, a draft, emailed versions, or a certified copy provided earlier. Keep any envelope, postmark, tracking number, receipt, or proof of mailing. These items are evidence that the original existed and was sent to the court.
3. Contact the carrier (USPS, UPS, FedEx) to get tracking and delivery attempts and request a shipping record or proof of loss. That information can support your explanation for why the original isn’t produced.
4. Identify and locate the attesting witnesses (the people who signed the will) and anyone who saw the testator sign the will or who knows the testator’s intent. Witness affidavits or testimony are often the most persuasive proof of a lost will.

How the probate court actually admits a lost or damaged will

When the original will can’t be produced, you typically file a petition (sometimes called a petition for admission of a lost will or for constructive admission) asking the probate court to admit a copy or other evidence of the will. Expect the court to require:

• Proof that the decedent validly executed the will (this can come from the attesting witnesses’ testimony or affidavit, a self-proving affidavit if one exists, or other credible evidence).
• An explanation for why the original is not available (for example, a courier’s loss report or evidence it was damaged in transit).
• Proof that the testator did not revoke the will before death (witness statements or a lack of physical acts of revocation).
• A copy of the will’s text (photocopy, email scan, or typed transcription) so the court knows what to admit into probate if satisfied.

Evidence that helps most

• Attesting witnesses who can identify the signature and recall the signing circumstances.
• Self-proving affidavit (if the will was self-proved before death, that notarized affidavit makes proving execution easier — a copy helps even if the original is missing).
• Mailing receipts, tracking records, or carrier loss reports showing the original was mailed to the court and lost or damaged in transit.
• Multiple consistent copies or drafts that show the same dispositions and signature block.

Possible outcomes

• If the court is satisfied by the evidence, it will admit the will (or a copy) to probate and appoint an executor per the will’s terms.
• If the court finds the evidence insufficient, it may refuse to admit the will. If that happens, intestate succession rules govern distribution (the estate is divided as if there were no valid will) unless another later will is found or the missing-will petitioner supplies new proof.
• If the original exists but is damaged, deliver it to the court with an explanation and any carrier documentation. The court may examine the document and decide whether it can be admitted despite damage.

Common complications specific to Michigan

Michigan follows its probate code and common probate practice when deciding whether to admit a lost will. Practical issues you may see in Michigan courts include:

• When attesting witnesses are deceased or unavailable, the court will rely more heavily on circumstantial evidence and copies. That raises the evidence threshold.
• Self-proved wills (notarized at execution) make admission easier. If the self-proving affidavit is missing but a copy exists, the affidavit copy plus witness testimony can be persuasive.
• Probate judges have discretion about what proof is enough; different counties can have different local practice in how hearings are run.

Hypothetical example

Mary dies and her attorney mails Mary’s original will to the county probate clerk via tracked USPS Priority Mail. The package is lost in transit and the probate office never receives it. Mary’s attorney has a scanned PDF of the signed will, the witness who watched Mary sign the will is alive and can provide an affidavit, and the carrier issues a loss report. The attorney files a petition in probate attaching the scanned copy, the witness affidavit, and the carrier’s loss report. The probate judge holds a short hearing. Convinced that the will was validly executed and was not revoked, the judge admits the copy of the will into probate and appoints the personal representative named in the document.

When you should get a lawyer

If the estate is large, if distribution will be contested, if witnesses are unavailable or hostile, or if there is any indication someone claims a revocation, contact a probate attorney. An attorney can prepare the petition, gather admissible evidence, and represent you at any hearing.

Helpful official resources (general): Michigan Legislature — main site: https://www.legislature.mi.gov/. Michigan Courts home: https://courts.michigan.gov/. Contact your local probate court clerk for filing procedures and local forms.

Disclaimer: This article explains general Michigan probate concepts and common procedures. It is educational only and not legal advice. Laws and court procedures change; consult a licensed Michigan probate attorney for guidance about a specific situation.

Helpful hints — practical checklist if an original will was lost or damaged in the mail

• Act quickly: contact the probate clerk and the carrier (USPS/UPS/FedEx) immediately.
• Keep any copies (scans, photocopies, drafts, emails) safe and make multiple copies.
• Get the carrier’s written record: tracking, proof of loss, or insurance claim number.
• Obtain affidavits from attesting witnesses and anyone present at signing or who handled the will.
• If the will was self-proved, locate any copy of the self-proving affidavit; that greatly helps proof of execution.
• File a petition with the probate court asking to admit the copy or to admit the lost will, and provide all supporting evidence.
• Provide required notice to heirs and interested persons as the probate clerk directs—failure to notify can delay admission.
• If the matter looks contested or the estate is complex, hire a probate attorney familiar with Michigan practice.
• Keep communications documented in writing (emails, certified mail) and keep originals of all evidence you collect.