Disclaimer: This is general information, not legal advice. Consult a licensed Michigan probate attorney to discuss the specifics of your situation.

Brief answer — what to do first

If someone contests an estate in Michigan, act quickly. Preserve documents and evidence, contact the probate court to learn about deadlines and filings, and consult a Michigan probate attorney experienced in will contests and estate litigation. Where feasible, consider negotiation or mediation to avoid lengthy court battles; where not, prepare to defend the estate or your inheritance in probate court.

How contests work in Michigan (overview)

In Michigan the probate court oversees wills, intestacy, and distribution of estates. A will contest alleges problems such as lack of testamentary capacity, undue influence, fraud, or improper execution. The contesting party (the contestant) must present evidence supporting their claim; the court will evaluate the formalities and facts and then decide whether to admit the will to probate or to set it aside.

Michigan’s probate rules and the Estates and Protected Individuals Code (EPIC) govern probate procedure and the duties of personal representatives. For general reference about Michigan statutes and probate law, see the Michigan Legislature (https://www.legislature.mi.gov) and the Michigan Courts site (https://courts.michigan.gov).

Immediate steps to protect your inheritance

1. Get a certified copy of the will and probate filings. Obtain the will, any codicils, the probate petition, and the court’s notices. These documents show deadlines, named personal representative, and any pending challenges.
2. Talk to the personal representative or executor. Ask whether they will defend the will and whether they need assistance preserving assets.
3. Preserve evidence. Collect relevant documents such as prior wills, medical records (to show capacity), communications with the decedent, bank and account records, deeds, and contact details for witnesses.
4. Contact a Michigan probate attorney right away. Will contests are time-sensitive. An attorney can explain deadlines, file necessary pleadings, and advise on evidence and strategy.
5. Do not transfer or hide assets. Removing or concealing estate assets can create claims of interference or wrongdoing and may jeopardize your position.

Ways people commonly protect inheritances before a contest arises (preventive options)

To reduce the risk a probate contest will affect an inheritance, consider these estate planning steps (implemented while the decedent is alive or by proper legal instrument):

• Use trusts instead of a will. Assets held in a properly drafted revocable or irrevocable trust typically avoid probate, which reduces the chance of will contests affecting those assets.
• Beneficiary designations and payable-on-death accounts. Properly completed beneficiary forms for retirement accounts, life insurance, and bank accounts pass outside probate when correctly named.
• Consider an irrevocable trust where appropriate. Irrevocable vehicles can protect assets from probate and creditor claims if established correctly and for proper reasons.
• No-contest (in terrorem) clauses. Many wills and trusts include clauses that penalize beneficiaries who challenge the instrument. These clauses can deter frivolous contests, but their enforceability varies with facts and Michigan law.
• Make transfers during life. Lifetime gifts, joint ownership with rights of survivorship, or funding a trust reduce what goes through probate. Each option has tax and creditor implications; consult counsel before transferring significant assets.

Defending against a contest — practical evidence and legal theories

Common grounds for contest and what typically helps defend against each:

• Lack of testamentary capacity. Medical records, testimony from treating physicians, and contemporaneous statements showing clarity of mind help rebut capacity challenges.
• Undue influence. Evidence showing the decedent acted freely and without coercion (e.g., independent advice, consistent estate plans over time, presence of multiple witnesses) helps defeat undue influence claims.
• Improper execution. Witness affidavits, the attesting witnesses themselves, and compliance with statutory execution formalities support a valid will.
• Fraud or forgery. Handwriting analysis, original documents, and chain-of-custody proof are important if fraud is alleged.

An experienced attorney will gather these items, arrange witness affidavits, and, if necessary, work with forensic experts.

Practical litigation and non‑litigation options

Not every contest goes to trial. Options include:

• Mediation or settlement. Many disputes resolve with negotiated settlements that produce quicker results and lower costs.
• Hearings to resolve preliminary issues. You can ask the court for temporary orders to preserve assets or clarify the personal representative’s authority while the dispute proceeds.
• Defensive motions. Depending on facts, the estate or beneficiaries may file motions to dismiss a contest for lack of standing, untimeliness, or insufficient evidence.

Costs, timing, and likely outcomes

Probate litigation can be expensive and slow. Courts consider the credibility of witnesses, the presence of contemporaneous records, and whether the contested will departs greatly from earlier estate plans. Often, the strongest practical defenses are good estate documentation and cooperative parties willing to mediate. Your attorney can estimate likely costs and timelines based on your facts and the local probate court’s practices.

When to get a lawyer — and what to look for

Hire a Michigan probate attorney if any of the following apply:

• A party has filed a will contest or threatened to file one.
• Significant estate assets are at risk.
• Complex facts exist (suspected undue influence, contested capacity, fraud).

Look for an attorney with experience in Michigan probate litigation, strong references, and clear fee structures. Ask about their experience with local probate judges and whether they pursue early settlement or aggressive litigation when needed.

Helpful hints

• Act fast: probate contests and some defenses are time-sensitive. Check the probate court’s notices and filing deadlines immediately.
• Document everything: emails, phone notes, and physical documents matter. Preserve originals.
• Keep communications civil with family members; hostile exchanges can worsen claims of undue influence or motive.
• Don’t move assets without court authority or attorney advice.
• Consider mediation early to reduce costs and preserve family relationships.
• Use written beneficiary designations and keep them current; beneficiary forms often override wills for that particular asset.
• Ask your attorney about no-contest clauses and how courts in Michigan have treated them in factually similar cases.
• Be prepared to produce medical and financial records if capacity or undue influence is contested.
• Remember that probate court procedures and timelines vary by county; local counsel knows the judges and local practices.

Where to learn more and official resources

Official Michigan resources you can consult:

• Michigan Legislature — searchable statutes, including the Estates and Protected Individuals Code (EPIC): https://www.legislature.mi.gov
• Michigan Courts — information about probate courts and court locations: https://courts.michigan.gov

These pages will help you find specific statutory language and local court rules; an attorney can point to the exact statutes and cases that apply to your situation.