Detailed Answer
After a loved one dies, you may need to confirm whether they left a valid will or other estate planning documents. In Michigan, a valid will must meet the requirements set forth in the Estates and Protected Individuals Code (MCL 700.2502). Other documents—like trusts, powers of attorney, and healthcare directives—often remain private until needed. Follow these steps to verify existing documents:
1. Search the Decedent’s Personal Records
Start by reviewing the decedent’s home office or personal files. Look for labeled folders, binders, or envelopes marked “Will,” “Trust,” “Power of Attorney,” or “Advanced Directive.” Take note of dates and attorney contact information.
2. Contact the Decedent’s Attorney
If the decedent worked with an estate planning lawyer, that attorney may hold the original will or copies of other documents. Request to review any files and ask whether they filed the will for safekeeping.
3. Check Safe Deposit Boxes and Secure Storage
Locate any safe deposit boxes, home safes, or secure storage units rented by the decedent. Banks require a court order or co-owner’s signature to open safe deposit boxes after death, so address this early.
4. Review Bank and Financial Institution Records
Banks sometimes hold original wills or powers of attorney at the account holder’s request. Contact branches where the decedent had accounts and ask about any retained legal documents.
5. Inquire with the Probate Court
In Michigan, a will generally becomes public once it’s submitted for probate. File a “Petition for Probate” in the county Probate Court where the decedent lived. The court will inform you if a will is on record. A properly executed will must comply with MCL 700.2502 (requirements for valid will execution).
6. Consider Other Estate Planning Documents
Trusts rarely require court filing, so contact any named trustees or the drafting attorney. Powers of attorney must meet execution and witness rules under MCL 700.5508 (durable power of attorney execution). Advance directives or patient advocate designations may be filed with healthcare providers; ask hospitals or clinics.
7. Understand Michigan’s Registry Options
Michigan does not maintain a mandatory public registry for wills or trusts. Some attorneys use private registries—ask the drafting lawyer if they registered documents privately.
Disclaimer: This FAQ is for educational purposes only. It does not constitute legal advice. Consult a licensed Michigan attorney to address your specific situation.
Helpful Hints
- Keep a written log of all searches, calls, and visits to courts or banks.
- Ask close family members whether they recall seeing estate documents.
- Secure original documents in a locked, fire-proof location.
- Act promptly on safe deposit boxes—courts may require expedited orders.
- Maintain copies (scans or photographs) of any discovered documents.