Detailed Answer
Probate Filing Requirements in Michigan
To open an estate in Michigan, you must petition the probate court under the Michigan Estates and Protected Individuals Code, MCL 700.3101 et seq. The court requires proof of death before issuing letters of authority. Michigan law defines acceptable proof as a certified copy of the death certificate. See MCL 700.3403.
Why Obituaries Alone Are Not Sufficient
An obituary published in a newspaper or online provides public notice of death but does not meet the statutory requirement for proof of death. The probate court will not accept an obituary as a substitute for a certified death certificate.
Options When the Death Certificate Is Delayed
If the death certificate is unavailable, you can:
- Request a certified copy from the Michigan Department of Health and Human Services under MCL 333.2153.
- Use a delayed registration for deaths that occurred without a timely certificate, following procedures in MCL 333.2154.
- Submit an affidavit of heirship or other sworn statements and request the court to accept preliminary proof, although the court will require a certified death certificate before issuing letters.
Working with the probate clerk can help clarify what documents they will accept temporarily and how to satisfy final requirements.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice regarding your specific situation.
Helpful Hints
- Apply promptly for the certified death certificate to avoid delays in estate administration.
- Keep copies of any affidavits or newspaper notices as supplementary evidence.
- Call the local probate court to understand procedural rules and filing fees.
- Consider consulting an attorney if the estate involves complex assets or disputes.
- Note deadlines for filing inheritance tax returns and other estate documents.