How to File a Will to Be Probated in Michigan

By Anna Assad

To start the probate of a will in Michigan, you must file the will, which initiates the court proceedings necessary to formally appoint you as a personal representative to settle the deceased's estate. You must file the will in the correct county, which is usually the county the deceased lived in when he died, or in the county where he owned real estate. In Michigan, to file the will and the application for informal probate, you need the official proof of death, such as the death certificate, plus the original will and any codicils. You may use an authenticated copy of the will, along with any codicils, such as copies that a probate court from another county has stamped, if you no longer have the originals.

To start the probate of a will in Michigan, you must file the will, which initiates the court proceedings necessary to formally appoint you as a personal representative to settle the deceased's estate. You must file the will in the correct county, which is usually the county the deceased lived in when he died, or in the county where he owned real estate. In Michigan, to file the will and the application for informal probate, you need the official proof of death, such as the death certificate, plus the original will and any codicils. You may use an authenticated copy of the will, along with any codicils, such as copies that a probate court from another county has stamped, if you no longer have the originals.

Step 1

Make a list of the will's beneficiaries and any legal heirs of the deceased. Persons named in the will are beneficiaries, and blood or adopted relatives named in the will are heirs. Use due diligence to locate the addresses of the heirs and devisees. You must list the names and current addresses of all will beneficiaries and the deceased's living heirs on the Michigan probate application.

Get a free, confidential bankruptcy evaluation. Learn More

Step 2

Use all resources you have available to locate all the other people you need to find. If you run into trouble finding or identifying beneficiaries or relatives. For example, speak to close friends and known relatives of the deceased to get more information about possible relatives. Under Michigan law, you're legally obligated to identify and locate all heirs and beneficiaries.

Step 3

Visit the probate court of the Michigan county where you're filing. Bring the heir and beneficiary list, the death certificate, the will and any codicils. Ask the clerk for the forms you need to file the will for probate, namely the Notice of Intent to Request Informal Appointment of a Personal Representative, and also the Application for Informal Probate And/Or Appointment of Personal Representative.

Step 4

Complete the application. You need the deceased's name, birth date, death date, the last four digits of his Social Security number and his address at time of death. You'll also need the names and addresses of any heirs and will beneficiaries, the date of the will, and information about all personal representatives named by the deceased in the will. Sign and date the application. Attach the proof of death, the will and any codicils to the application.

Step 5

Complete the Notice of Intent to Request Informal Appointment of a Personal Representative. You'll need to enter the deceased's name and your name. Sign and date the notice.

Step 6

File the notice and application with the will and other documents attached. Pay the filing fee. Fees vary, according to the specific Michigan county.

Get a free, confidential bankruptcy evaluation. Learn More
How to Probate a Will in Maine

References

Resources

Related articles

How to File to Be an Administrator of Estate After a Death

An "administrator" is often the term used to describe a person who oversees an estate that doesn't have an executor. An estate might not have an executor for various reasons. For example, the deceased may not have left a will, a court found the will invalid, or the will failed to name an executor. Court administration proceedings establish who inherits the estate based on the state's intestacy laws and appoint the administrator. Administration proceedings vary by state, but if you want to be appointed administrator of a loved one's estate, you'll typically need to file a petition in court first.

How to Probate a Will in BC, Canada

In Canada, all wills are subject to probate, a court process that validates the will and gives the legal authority for distribution of the assets belonging to the estate. An executor named in the will is responsible for bringing the will to probate and handling the estate according to the will's instructions. Not all documents require probate but if you have been named executor, follow the legal procedures to avoid the loss of time and money in carrying out this task.

How to be Assigned as an Estate Administrator

A testator generally names an executor, or personal representative, in his will. However, the probate court overseeing the estate must approve the executor. If no executor is named in the will, the court does not approve the named executor or there is no will, the probate court will appoint someone to administer the estate. This person is known as the estate administrator. An interested party can step forward and request for the court to appoint him as estate administrator. The administrator of a probate estate takes responsibility for distributing the deceased person's property and assets and paying debts and taxes. State laws govern the order in which people qualify to be administrator. Usually, a spouse is first in line followed by children of the deceased. The forms you need to file to request appointment as an estate administrator can vary from state to state.

Related articles

How to Probate a Will in Ohio

Probate describes the legal proceedings conducted when a person dies and leaves a will behind. Probating a will in Ohio ...

How to File a Last Will & Testament in Ohio

You may file a last will and testament in Ohio for safekeeping or to initiate probate -- the legal proceeding used to ...

How to Probate a Will in Kentucky

Probate in Kentucky is handled by the district court responsible for the county where the person died. Probate is the ...

How to Probate a Will in New York

Probating a will in New York allows you to access the assets of a deceased person, distribute shares of the estate to ...

Browse by category