Disclaimer: This is not legal advice. Consult a qualified Michigan attorney for guidance on your specific situation.
Detailed Answer
Under Michigan law, a surviving spouse may seek a family allowance from the decedent’s estate to cover living expenses during probate (see MCL 700.3807). A valid marriage certificate typically proves the legal relationship that gives rise to this allowance.
If the marriage certificate is incomplete or missing, the probate court will require alternative evidence to establish that a valid marriage existed at the time of death. The spouse should act promptly to:
- Obtain certified copies: Request duplicates from the county clerk’s office where the marriage was registered.
- Use secondary evidence: Submit joint tax returns, insurance policies naming each other as beneficiaries, utility bills in both names, or affidavits from friends and relatives.
- File a motion with the court: Ask the probate court to accept secondary evidence or to allow time to secure the official certificate.
Under MCL 700.3904, Michigan courts may admit “secondary evidence” of a record’s content when the original cannot be produced due to loss or destruction. A probate judge will assess the credibility and sufficiency of that evidence before granting the spouse’s allowance claim.
Without proof of marriage, the court may deny the family allowance or delay distribution until marital status is confirmed. The surviving spouse should gather and present strong, corroborating documents to avoid delays and ensure entitlement to benefits under the Estates and Protected Individuals Code.
Helpful Hints
- Contact the county clerk early to obtain certified or archival copies of the marriage record.
- Gather household documents showing joint residency and financial interdependence.
- Prepare sworn affidavits from witnesses who can attest to the marriage.
- Include clear proof of the spouse’s identity (driver’s license, passport) to match records.
- Consult a probate attorney if the court challenges the authenticity or completeness of your evidence.