Detailed Answer

Short answer: In Michigan, a will that is lost or destroyed is not necessarily invalid. A lost or destroyed will can still be admitted to probate if the person seeking to admit it proves the will’s execution and that the testator did not revoke it. If the testator intentionally destroyed the will with the intent to revoke, that act usually revokes the will.

How Michigan law treats a lost or destroyed will

Michigan’s probate laws govern how wills are proved and admitted after a testator’s death. The probate court accepts written wills that are properly executed (generally in writing and signed by the testator with the required witness formalities). If the original document cannot be produced because it is lost or physically destroyed, Michigan courts allow admission of secondary evidence of the will’s contents and proof of proper execution in appropriate cases.

Key legal points to know:

• Revocation by physical act: If the testator deliberately burned, tore, canceled or otherwise destroyed the original with the intent to revoke it, that physical act generally revokes the will. The person asserting revocation bears the proof of the destructive act and intent.
• Accidental loss or destruction: If the original was lost, misplaced, or destroyed without the testator’s intent to revoke (for example, destroyed by accident or by a third party without revocation intent), the will is not automatically revoked. A properly supported court petition may admit a copy or other evidence of the will.
• Proof required to admit a lost will: The person asking the probate court to admit a lost or destroyed will must prove the will’s due execution and contents and must rebut any presumption of revocation. Courts commonly require persuasive evidence (often described as clear and convincing proof or a similar high standard) that the will existed, its contents, and that the testator did not revoke it by a later act or by creating a valid subsequent will.
• Copies and duplicates: A copy of the will is useful but not automatically treated the same as the original. Courts consider the copy together with witness testimony, attorney affidavits, and other corroborating evidence when deciding whether to admit a lost will.

Typical proof used when the original will is missing

To get a lost or destroyed will admitted in Michigan, a petitioner commonly supplies a combination of the following:

• a true and complete copy of the will (if one exists);
• testimony from the attesting witnesses that the will was signed and executed according to legal formalities;
• an affidavit or testimony from the attorney who drafted or held the will confirming execution and the testator’s intent;
• evidence showing the original cannot be found after reasonable searches (for example, searches of the testator’s home, safe deposit box, attorney’s office); and
• evidence to rebut any claim that the testator intentionally revoked the will (for instance, contemporaneous statements showing the testator did not intend to revoke, or proof the testator later executed a different valid will).

What happens if the court finds the will was revoked?

If the probate court determines the testator intentionally revoked the will by destroying it, or the testator validly executed a later will, the lost/destroyed instrument will not control distribution. Property will pass under the later valid will, or if no valid will remains, under Michigan’s intestacy rules.

Practical steps to take if you discover a will is missing

1. Search thoroughly: Look in the testator’s home, safe deposit boxes, attorney’s files, digital storage, and with family members or trusted friends.
2. Contact the drafting attorney: The attorney who prepared or handled the will may have the original or a signed copy and can provide an affidavit about execution.
3. Locate witnesses: Identify and obtain statements from the witnesses who signed the original will and anyone who saw the testator sign or store the will.
4. Preserve copies and evidence: Gather any copies, email drafts, notes, or other documents showing the will’s content and date.
5. File a probate petition if necessary: A probate attorney can help you file a petition to admit a lost or destroyed will and to present the required evidence to the probate court.

Where to read the Michigan law

Michigan’s probate and wills rules appear in the Estates and Protected Individuals Code (EPIC), which is part of the Michigan Compiled Laws. For the statutory framework and specific procedures, see the Michigan Legislature’s website for Chapter 700 (Estates and Protected Individuals Code): https://www.legislature.mi.gov/. You can search that site for statutes on will execution, revocation, and probate procedure.

Example (hypothetical)

Suppose a Michigan resident executed a will in 2018, signed by two witnesses. After the testator’s death in 2024, the original cannot be found. The decedent’s lawyer has a signed copy, the two attesting witnesses confirm they witnessed signing, and there is no evidence the testator later revoked the will. In that situation, a probate court will likely admit the copy after a petition and supporting testimony, unless someone proves the testator intentionally destroyed the original to revoke it.

Disclaimer

This information is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Michigan probate attorney.

Helpful Hints

• Act quickly: Locate witnesses and the drafting attorney as soon as you learn a will might be missing.
• Document your search: Keep a written record of where you looked and who you contacted—courts may consider whether a reasonable search was made.
• Preserve copies: Secure any copies or drafts of the will and preserve electronic communications that discuss the will’s terms.
• Expect the court to want strong corroboration: The more independent evidence you have (attorney affidavits, witness testimony, copies, email drafts), the stronger your chance to admit a lost will.
• Consider temporary orders: If there is a risk of dissipation of estate assets, ask the probate court for temporary protection or an interim personal representative while the will-admission dispute is resolved.
• Get local help: Probate practice varies by county. Speak with a Michigan probate lawyer to evaluate proofs, prepare the petition, and represent you in court.