Detailed Answer — How to submit an original will to a Michigan probate court from out of state
If the person who died (the decedent) was domiciled in Michigan when they died, the original will must be offered for probate in the Michigan probate court for the county where the decedent lived. If the decedent’s home was in another state, that state’s probate court usually has primary jurisdiction. The Michigan Probate Court pages explain the basic jurisdiction rules and the forms used: Michigan Courts — Probate. The Estates and Protected Individuals Code (EPIC) governs wills and probate in Michigan (see MCL chapter 700).
Step 1 — Confirm the correct county and court
Find the county where the decedent was legally domiciled (where they intended to live permanently). That county’s probate court is the place to file the will. If you are unsure, check the decedent’s last residence, driver’s license, voter registration, tax records, or consult an attorney. Most county probate courts list contact details and filing instructions on their local websites.
Step 2 — Gather required documents
When submitting an original will to a Michigan probate court, you typically need:
- The original will (the physical document).
- A certified copy of the decedent’s death certificate.
- A completed petition to admit the will to probate. Michigan courts use forms such as an application or petition for probate of will and for issuance of letters (the exact name varies by county).
- Proof (or affidavit) from the subscribing witnesses, unless the will is self-proved. If the will is self-proved (a notarized affidavit attached at execution), the court normally accepts it without live witness testimony.
- Payment for the filing fee or a request to waive the fee if eligible.
Step 3 — Decide how you will file (mail, in-person, or through counsel)
Because you are out of state you can:
- Mail the original will and required papers to the Register of Probate for the correct county. Use insured, trackable delivery (certified mail or a courier) and include a return envelope for documents you want returned. Keep copies before sending.
- Hire a Michigan probate attorney to prepare and file the petition, present proof of the will if needed, and represent you at required hearings. Attorneys also obtain certified copies of court orders and letters for you.
- Appear in person if needed or arrange for a local representative to appear if the court requires personal attendance.
Step 4 — Proof of the will
Michigan accepts a self-proved will (a will signed in the presence of a notary and with a self-proving affidavit) without live witness testimony. If the will is not self-proved, the court will require proof that the signature is genuine — typically by one of the subscribing witnesses testifying or submitting an affidavit. If witnesses are unavailable because they live out of state or are deceased, courts may accept sworn affidavits or deposition testimony. If you expect witness issues, consult local counsel in Michigan before filing.
Step 5 — After filing: court action and letters
Once the will and petition are filed, the court reviews the materials. If the court admits the will to probate, it issues letters testamentary (if there is an executor named who qualifies) or letters of authority. Those documents allow the personal representative to manage the estate. Ask the court clerk how to obtain certified copies; an attorney can obtain and mail certified copies to you.
If the original will cannot be located
If you only have a copy of the will and the original is missing, you may need to file a petition explaining the circumstances and asking the court to admit a copy to probate. Courts require clear proof of the will’s contents and explanation about the missing original. You should consult a Michigan probate attorney early in that process.
Practical tips on mailing and protecting the original will
- Make high-quality copies and keep scanned copies before sending the original.
- Send originals by insured, trackable mail or a reputable courier. Label the envelope clearly and include a cover letter describing the documents and a contact phone/email for questions.
- Request a return of any original documents you expect to be returned (if the court returns the will after filing) and include a prepaid return envelope.
- Consider asking the Register of Probate whether they prefer that you deliver documents in person, by mail, or through counsel.
Key Michigan law references
Michigan’s Estates and Protected Individuals Code governs probate procedure (MCL chapter 700). For general probate rules and forms, see the Michigan Courts probate pages: https://courts.michigan.gov/self-help/Pages/Probate.aspx. For statutory text look up the EPIC (MCL chapter 700) at the Michigan Legislature: https://www.legislature.mi.gov/.
Note on jurisdiction and timing: File in the county where the decedent was domiciled. There is not a single fixed statewide deadline for filing every will, but you should act promptly — delays can create complications (claims against the estate, missing witnesses, or loss of evidence). If the decedent owned property in multiple states, the primary probate is typically in the domicile state; ancillary probate may be required in other states where property is located.
This information explains typical Michigan practice. It is not legal advice. Consult a licensed Michigan probate attorney for guidance tailored to the facts of your situation.
Helpful Hints — Checklist and practical suggestions
- Find the Register of Probate for the county of the decedent’s last Michigan residence and call them before mailing anything. County clerk directories are on the Michigan Courts site.
- Include a certified death certificate with your submission; probate clerks generally require it.
- If the will is self-proved (notarized with the witnesses’ affidavit), point that out in your cover letter — it speeds processing.
- Keep originals of all correspondence and get tracking numbers when you mail documents.
- If witnesses live out of state, gather sworn affidavits from them or consult counsel about deposition arrangements.
- Consider retaining a Michigan probate lawyer to file the petition, present the will for proof if needed, and obtain letters and certified copies — especially when you cannot appear in person.
- Ask the court how to pay fees from out of state (credit card, check, or attorney may pay on your behalf).
- If the original will is stored in a bank safe deposit box, the bank will have its own procedures — the executor or a court order may be needed to access it.
- If you only have a copy of the will, file a petition explaining the missing original and be prepared to show why the copy should be admitted.
Where to find more help
- Michigan Courts — Probate information and forms: https://courts.michigan.gov/self-help/Pages/Probate.aspx
- Michigan Legislature (EPIC, MCL chapter 700): https://www.legislature.mi.gov/
- Contact the Register of Probate for the county where the decedent lived (county court websites are linked from the Michigan Courts site).
Final reminder: This article is educational and describes common procedures in Michigan. It is not legal advice. For help tailored to your case, consult a licensed Michigan probate attorney or contact the county Register of Probate.