Detailed Answer
When you begin probate administration in Michigan, you must locate and file the decedent’s original will or a certified copy with the probate court. Under Michigan law, the personal representative has 14 days from the date of appointment to present the original will to the Register of Probate in the county where the decedent lived. See MCL 700.3201.
Follow these steps to obtain and submit the will:
- Locate the Original Will: Search the decedent’s home, office, safe deposit box, or personal files. Check with the decedent’s attorney or bank. If the will already resides in the probate court record from a prior administration, request a certified copy from the Register of Probate.
- Retrieve from a Safe Deposit Box: If the will sits in a bank safe deposit box, bring the death certificate and your letters of authority (court appointment order) to the bank. Michigan courts permit personal representatives to access safe deposit boxes even if co-renters object.
- Obtain a Court-Filed Copy: When a will has been previously filed in a closed or ancillary probate, contact the Register of Probate in that county. Request a certified copy of the will and pay any applicable fees.
- Submit to Probate Court: File the original will or certified court copy with the Register of Probate within 14 days of your appointment. If the original is lost or destroyed, you may petition to admit a copy under MCL 700.3213. That petition must include an affidavit explaining the loss and testimony from two disinterested witnesses who saw the will.
Example: If Jane Smith stored her will at First National Bank, her personal representative must present the death certificate and letters of authority at the bank to access the safe deposit box. Then the representative files the original will with the probate court within 14 days of appointment.
Disclaimer: This is not legal advice. Consult a licensed attorney for guidance specific to your situation.
Helpful Hints
- Act promptly: You have only 14 days after appointment to file the will.
- Gather required documents: Courts and banks typically require certified death certificates and letters of authority.
- Document your search: Keep notes on where you looked and who you contacted.
- Use certified mail: Get proof of filing deadlines if you mail documents to the court.
- Review local court rules: Counties may impose additional procedural steps or fees.