How To Find Out If Someone Had A Will In Michigan?

Losing a loved one can be emotionally overwhelming, and for many families in Michigan, managing the estate is a significant part of the process. One of the earliest and most important tasks is determining whether a will exists.

At Bassett Murray Law Group, PLLC, we understand the emotional toll this process can take and are dedicated to helping families find peace of mind. With our decades of experience in estate planning and probate law, we’re invested in improving lives, and we’re here to walk you through the steps of determining if your loved one left a will.

Why Is Finding a Will Important?

A will serves as the deceased’s final say on how their assets should be distributed. It outlines who gets what, ensuring their wishes are honored.

Without a will, the state steps in, and this process, known as intestacy, determines how the assets are divided according to Michigan’s laws. The absence of a will can lead to unintended consequences, family disputes, and unnecessary delays in settling the estate.

When someone dies without a will in Michigan, their property is distributed based on a set of laws that may not align with their wishes. For instance, assets might go to relatives they hadn’t intended to benefit.

In addition, without a will, disagreements between family members can arise, leading to prolonged legal battles and additional emotional strain during an already difficult time.

Methods for Locating a Will in Michigan

If you’re unsure whether your loved one had a will, don’t worry. There are several ways to track one down.

Check with the Deceased’s Attorney

One of the easiest and most straightforward ways to locate a will is by contacting your loved one’s attorney. If they worked with a lawyer for estate planning, the attorney might have the original document or a copy on file. Estate planning attorneys often keep these documents in safekeeping, knowing how important they are for the future.

Contact the County Probate Court

In Michigan, wills can be filed with the probate court in the county where the person lived. To access these records, you’ll need a death certificate and basic details such as the deceased’s name and date of death.  Some Michigan counties allow you to search online for probate records, which can save you time and effort.

Once the estate enters probate, though, the will becomes a matter of public record, and you can request a copy, often for a small fee.

Search the Deceased’s Home

Sometimes, the simplest answer is the right one. Many people keep important documents like wills in safe or secure locations in their homes.

Look for a home safe, filing cabinet, or desk drawer where they may have stored their will. It might take some time to go through everything, but it’s worth a thorough search, especially in areas where they might have kept financial or legal papers.

Ask Family and Friends

In some cases, a family member or close friend may know where the will is stored or whether it even exists. It’s not uncommon for people to talk about their estate plans with trusted loved ones, especially if they’ve appointed them as executors or beneficiaries.

So, reach out to those closest to the deceased and ask if they have any information about the will’s whereabouts.

Michigan’s Will Registry

Did you know that Michigan has a will registry? While it’s not widely used, it’s still an option worth exploring. The registry allows individuals to file their wills with the state for safekeeping.

However, access is typically limited until after the person has passed away. If you think your loved one may have used this service, check with the Michigan State Bar or your local probate court to see if their will is registered.

Search Public Records

If the property is already in probate, the will might be part of the public record at the local courthouse. You can visit the courthouse and ask for probate records, or in some cases, you may be able to search online. Many Michigan counties offer online access to probate cases, making it easier to track down the information you need without making a trip in person.

One helpful resource is FamilySearch, a free service that provides access to older probate records, especially those before 1900. While this might not apply to recent estates, it’s still worth mentioning as a tool for those researching family history or trying to settle more distant matters.

What if There is No Will?

If there is no will, Michigan’s intestacy laws dictate how the estate will be divided. This means the state will decide how to divide the estate among close relatives, starting with the spouse and children, and moving down the line to more distant relatives if needed.

While the process of intestate succession ensures that the estate is still distributed, it might not reflect the deceased’s true wishes. That’s why we always recommend that families consider putting a will in place during their lifetime to avoid any uncertainty later on.

The Role of an Estate Planning Attorney

Working with an estate planning attorney can make the probate procedure much smoother, whether or not a will exists.

Attorneys can help determine the validity of the will, guide families through the probate process, and resolve any disputes that arise among beneficiaries.

If there is no will, an attorney can assist with the intestate process, making sure that everything is handled according to Michigan law.

At Bassett Murray Law Group, PLLC, we’re invested in improving lives, and that includes helping families through the often emotional and complicated estate administration procedure.

Whether you need help finding a will or navigating probate, contact us at (734)-930-9200, we’re here to provide the support and guidance you deserve.