Detailed Answer
When you receive a document that is claimed to be a last will and testament, confirming whether it is the original (the signed, legal document) matters because Michigan probate courts usually require the original will to open probate. Below are clear steps to identify an original will, how Michigan law treats originals and lost wills, and what to do if you suspect you only have a copy.
1. Look for the hallmarks of an original will
- Original signatures in ink: An original will typically contains the testator’s signature plus the signatures of the required number of attesting witnesses. Signatures usually appear in blue or black ink and may show pen pressure or ink flow that copies lack.
- Witness attestations: Michigan law requires that a will be signed in the presence of at least two witnesses (see MCL 700.2502). Witness signature blocks and attestations are often on the last page. If the witnesses’ signatures are present and in ink, that supports originality.
- Notary or self-proving affidavit: Some wills include a notarized self-proving affidavit attached to the will. A proper notary seal or stamped date may indicate the document you have is the executed original. See Michigan rules for self-proved wills at MCL 700.2508.
- Paper quality and physical markers: Originals can show paper texture, watermarks, embossing, staples, folds, or binder holes. Copies (photocopies, scans) typically have a flat, uniform look and may show “COPY” ghosting or pixelation around signatures.
2. Check whether the will has already been filed with the probate court
If the decedent (the person who made the will) or an attorney already filed the original with the local probate court, the court holds the original and you may only have a copy. Contact the probate court in the county where the decedent lived to ask whether an original will is on file. General probate court information for Michigan is available on the Michigan Courts site: Michigan Courts — Probate.
3. What Michigan law says about originals and lost wills
Michigan law presumes valid execution when the formalities are met (signatures, witnesses). The statute governing will execution formalities (signatures, witnessing) is part of the Estates and Protected Individuals Code; see the statutory requirements at: MCL 700.2502. Michigan also recognizes self-proved wills, which can simplify proving a will in probate if the proper affidavit is attached: MCL 700.2508.
If the original has been lost, destroyed, or cannot be located, Michigan probate courts permit proving a will’s contents and proper execution by other evidence, but that process is more complex. You will likely need witness testimony, contemporaneous copies, or other evidence to show the will existed and was not revoked. If you believe the original is lost, preserve any copy and document where you found it and who handled it.
4. Practical next steps if you only have a copy
- Do not alter the document. Keep it safe and do not sign or initial anything on it.
- Photograph or scan the copy for your records (but keep the original copy intact).
- Contact the county probate court to ask whether an original will has been filed. If it has, request guidance on obtaining a certified copy from the court.
- Ask the person who gave you the copy where they obtained it. If an attorney prepared the will, contact that attorney’s office.
- If you can locate witnesses who signed the will, get their contact information and a written statement about signing and witnessing the will.
- If you cannot locate the original and probate is necessary, consult a probate attorney about filing a petition to prove a lost or destroyed will. The attorney can help gather evidence (witness affidavits, copies, internal drafts, emails) and present it to the court.
- If authenticity is contested, a forensic document examiner can evaluate handwriting, ink, and paper, but this step usually comes after consulting an attorney because it can be costly and may be unnecessary if the witness testimony is strong.
5. Typical evidence courts accept when an original is missing
- Clear, authenticated copies of the will (typed or scanned) showing the text and signature lines.
- Affidavits from witnesses who signed the will stating they observed the testator sign and that the will was properly executed.
- Affidavits or testimony documenting that the decedent owned the original or that it was in a particular place before it disappeared.
- Email, draft versions, or attorney files showing the same terms as the copy you hold.
6. When to involve a probate attorney
If the original cannot be located or if anyone contests the will’s validity, consult a probate attorney promptly. An attorney can advise whether the copy is sufficient for the court or whether you must file a petition to admit a lost will and can guide you through evidence collection and probate procedures.
Helpful Hints
- Preserve the copy in its current condition. Don’t mark it or staple new pages to it.
- Ask the person who provided the copy to put in writing how they obtained it and whether they ever saw the original.
- Check the decedent’s safe deposit box, home safe, or attorney’s office for an original. Banks sometimes require a court order to open a box after death.
- If you find a notarized self-proving affidavit attached, that greatly simplifies admission of the will to probate.
- Make a list of potential witnesses (attorney, witnesses, family members) and preserve their contact details and any relevant communications (emails, notes).
- Contact the county probate court early for procedural information; courts often have forms and staff who can explain filing requirements.
- Keep all communications documented (emails, letters, notes) about the will and the search for the original. Courts value clear records.
Resources
- Michigan legislature — statutes on wills: MCL 700.2502 and MCL 700.2508.
- Michigan Courts — probate information and court contacts: Michigan Courts — Probate.
Important disclaimer: I am not a lawyer, and this information is for educational purposes only. This is not legal advice. For help with filing a will with probate, proving a lost will, or resolving a dispute, consult a licensed Michigan probate attorney promptly.