The petitioner requesting probate of a copy of a will must provide evidence that the decedent would not have destroyed the original will to revoke it and did not intend revocation. If a decedent had possession of an original will that cannot be located, a rebuttable presumption arises that the decedent intentionally destroyed the original for the purpose of revoking it. The petitioner also must demonstrate to the court through clear and convincing evidence that the copy of the will is an exact duplicate of the original will.Īnother hurdle is overcoming a presumption that arises under a statutory provision stating that destruction of an original will by the testator constitutes revocation of the will. The petitioner must prove specific facts to the probate judge, including that the original existed and was executed as required by Michigan law. The petition also must set forth the contents of the will. If the original will cannot be found, the petition must state that the original will is lost, destroyed, or otherwise unavailable. The law also permits submitting an authenticated copy of a will probated in another jurisdiction. First, when a petition for probate is filed, MCL 700.3402 requires the petition to state whether the executed original of the decedent’s will accompanies the petition or is in the court’s possession.
#Does a will have to be notarized in michigan code#
If an original will is lost or destroyed, several provisions of the Michigan Estates and Protected Individuals Code (EPIC) apply. Michigan Statutes Governing Probate of a Copy of a Will That means the distribution may be inconsistent with the wishes of the decedent expressed in the will. If the court concludes that probating a copy is not permissible, the estate will be distributed according to Michigan laws of intestate succession.
Obtaining the answer requires probate court proceedings, presentation of evidence at a hearing, and ultimately a decision by a probate judge. Whether you can probate a copy of a will depends entirely on the specific circumstances and underlying facts. Under Michigan law, the answer is maybe (or maybe not). A frequent question is whether a copy of the will can be probated. When a family addresses probating the estate of a deceased loved one, a common concern is what happens if the family cannot locate the original Last Will and Testament.
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