Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Michigan attorney to address your specific situation.
Detailed Answer
Locating and verifying a decedent’s original will or codicil before starting probate ensures you use the most current testamentary document. Under Michigan law, testators may deposit their original wills and codicils with the probate court or keep them in personal custody. Follow these steps to find and confirm the authenticity of the document.
1. Search the Decedent’s Personal Files
Begin by reviewing the decedent’s home office, filing cabinets, safe, or fire-proof box. Look for sealed envelopes, labeled “Last Will” or “Codicil.” Check desk drawers, personal organizers or secure safes. Family members should ask the decedent’s trusted friends for any guidance on storage.
2. Check Safe Deposit Boxes
If the decedent maintained a bank safe deposit box, the original will might be stored there. Michigan law requires banks to release a decedent’s safe deposit contents to the personal representative after presenting a certified death certificate and the court’s authorization. Reach out to the bank’s estate or trust department to begin the retrieval process.
3. Contact Attorneys and Financial Institutions
Many testators leave their original wills with their drafting attorney or a financial advisor. Contact any known attorneys, title companies or trust officers who advised the decedent. Ask whether they hold the original will or a codicil.
4. Search Probate Court Records for Safekeeping Deposits
Under Michigan Compiled Laws Section 700.3712, a testator may deposit an original will or codicil with the county probate court for safekeeping. To search these records:
- Visit the probate court clerk’s office in the county where the decedent resided.
- Provide the decedent’s name, date of death, and a certified death certificate.
- Ask the clerk to check for any wills or codicils on file under MCL 700.3712 (link) and retrieval procedures under MCL 700.3714 (link).
5. Verify the Will’s Authenticity
Once you locate an original document, confirm it meets Michigan’s execution requirements. A valid Michigan will must:
- Be signed by the testator at the end of the document;
- Bear the signatures of two competent, disinterested witnesses who sign in the testator’s presence;
- Include an attestation clause, or evidence that the witnesses understood they were attesting to the will (MCL 700.2502).
Examine the document for any later handwritten changes or codicils. Any handwritten modifications must also meet the same formal execution standards.
Helpful Hints
- Keep a record of all persons and institutions you contact during your search.
- Obtain multiple certified death certificates to provide to banks, courts, and third parties.
- If you find a draft version of a will, confirm whether a later, signed original exists.
- Notify family members and potential beneficiaries about the probate process early to avoid disputes.
- Consult with a Michigan probate attorney if you encounter conflicting documents or questions about execution formalities.