Detailed Answer

Disclaimer: This is general information only and is not legal advice. Laws change and every case has unique facts. Consult a licensed Michigan probate attorney before taking action.

Overview — what generally must happen to get a will filed in probate

When a person dies, the original signed will normally must be filed with the probate court in the county where the decedent lived so the court can open the estate and appoint a personal representative. If someone withholds the original will, you have several options under Michigan procedures: insist on voluntary delivery, ask the probate court to compel production (including issuing a subpoena), seek to probate a copy if the original cannot be produced, and pursue civil remedies against the person who keeps the original. The Estates and Protected Individuals Code (EPIC) governs Michigan probate practice; see the EPIC chapter online: https://www.legislature.mi.gov/mileg.aspx?page=Chapter&chapter=700

Step-by-step actions to take

1. Preserve evidence and make a formal written demand.

   Send a clear written demand to the person holding the original (by certified mail, return receipt requested). Ask for immediate delivery to the local probate court clerk or to you/your lawyer. Keep copies of the letter, certified-mail receipt, and any responses. These records show you tried to resolve the issue before asking the court for relief.

2. Contact the probate court clerk for local filing rules.

   Probate courts handle will filings and can explain filing fees, forms, and whether the court can accept a photocopy while you pursue the original. The Michigan Courts’ probate forms resource is helpful: https://courts.michigan.gov/administration/scao/resources/Pages/Probate-Forms.aspx

3. File a petition to probate the will or to compel production.

   If demand fails, file the appropriate petition in the county probate court where your deceased parent lived. You can ask the court to:

   • Order the person to produce the original (often via subpoena duces tecum);
   • Admit a copy for probate if the original cannot be produced and you can provide required testimony or affidavits under the court’s rules;
   • Impose sanctions or hold the person in contempt if the court finds wrongful withholding.

   Probate petitions typically require a certified copy of the death certificate, the proposed will (copy), a list of heirs and interested persons, and an explanation of why the original is not filed. The court will notify interested persons and schedule a hearing if needed.

4. Use subpoenas and hearings to get evidence.

   The probate judge can issue subpoenas to produce the original will or to compel witness testimony about execution and custody. If the person refuses to obey a court order, the court can consider contempt sanctions or civil remedies.

5. If the original is truly missing or destroyed, seek probate of a copy with secondary evidence.

   Michigan probate courts may admit a copy of a will if the original cannot be produced and there is adequate secondary evidence establishing the will’s validity (testimony of attesting witnesses, a copy bearing the decedent’s handwriting, or other reliable proof). The court weighs that evidence at a hearing before deciding whether to admit the copy.

6. Consider a civil action for return or damages.

   If the person refuses to return the original, you may have a civil claim (for conversion, replevin, or other relief) asking a court to order the return of the document or to award damages. Your probate petition can sometimes run in parallel with a civil action to compel production.

7. If you suspect theft or destruction, contact law enforcement.

   Intentional destruction, concealment, or theft of a will may also violate criminal laws. Discuss this possibility with a probate attorney before contacting police to make sure you preserve evidence and follow appropriate procedure.

Key Michigan legal references

The general Michigan probate rules and statutes are in the Estates and Protected Individuals Code (EPIC). For overview and statute text, see the EPIC chapter: https://www.legislature.mi.gov/mileg.aspx?page=Chapter&chapter=700

For practical court forms and filing procedures, check Michigan’s probate forms: https://courts.michigan.gov/administration/scao/resources/Pages/Probate-Forms.aspx

What to bring to court or to a consultation with a probate attorney

• Certified copy of the death certificate.
• Any copy of the will you have (photocopy, scan, email photo).
• Names and contact information for the person withholding the original and any witnesses to the will’s execution.
• Copies of your demand letters and any responses (certified-mail receipts).
• Any communications showing the person’s intent to keep, destroy, or alter the will.

Timing and practical concerns

File promptly. Probate deadlines and the need to manage estate assets make quick action important. Delays can complicate locating witnesses, preserving evidence, and protecting estate property. If the estate requires a personal representative to deal with banks, property, or bills, the court can appoint one on an emergency basis if needed.

When to hire a lawyer

If the holder of the original refuses to cooperate, or if the situation involves disputed facts (allegations of destruction, concealment, or competing wills), hire a Michigan probate attorney. An attorney can file petitions, prepare subpoenas, explain the court’s evidentiary standards for admitting copies, and pursue civil or criminal remedies if appropriate.

Helpful Hints

• Start with a calm written demand; courts appreciate attempts to resolve disputes informally before litigation.
• Use certified mail and keep proof of all communications — courts rely on that record.
• Get copies of the will to preserve the document’s text and date; a clear copy and witness statements are valuable if the original is missing.
• Contact the local probate court clerk early to learn filing requirements and local practice.
• Ask for subpoenas and an order to show cause if the other party refuses to produce the will after formal demand.
• Consider parallel civil remedies (replevin/conversion) if the holder refuses to return the document.
• Preserve any devices or places where an electronic copy of the will may exist (email accounts, cloud storage) and note login information for counsel.
• If you suspect criminal conduct, discuss with counsel before contacting law enforcement to avoid harming your civil case.
• Bring all materials to your first attorney meeting: death certificate, copies of the will, correspondence, names of witnesses.

For general public resources about estates in Michigan, the State Bar provides consumer information on wills and probate: https://www.michbar.org/public_resources/estateplanning

If you decide to proceed without a lawyer, use the probate court forms and instructions available from the state courts site listed above. However, complex disputes about withheld or destroyed wills commonly require legal representation.