You have seen the setting dramatically represented in countless movies. The lawyer sits behind a mahogany desk. A family, dressed in their finest clothes, huddles in front. The family nervously anticipates the revelations of the contents of their loved one’s Last Will and Testament. This purely fictional scenario of the reading of a Will is great for the movies…dramatic with many camera shots of family members reacting to the news of their inheritance. Unfortunately, the setting is not based in reality.
I am confident that generations ago the reading of a will existed. Apparently, the practice of the reading of a Will occurred because because many people were not literate and needed a lawyer to both read the Will and explain the implications.
In Michigan, there are a few laws that address the steps after the death providing instruction on what to do with a Last Will and Testament. None of the statutes require a reading of a Will by a lawyer. In fact, I am unaware of any states that require a reading of a Will in the traditional sense.
MCL 700.2516 provides that the person in possession of a Will must forward it to the court having jurisdiction “with reasonable promptness after the death of the testator” (person who wrote the Will)” either by delivering it personally or by sending it properly addressed by registered mail. The statute does not set forth a specific amount of time…just reasonable promptness. It also imposes liability upon those that neglect to perform this duty without reasonable cause including being guilty of contempt of court.
Well then, who does a reading of a Will?
Following the death, the person nominated as the personal representative (sometimes called an executor) should file with the probate court the necessary probate pleadings to commence an estate. The probate court has jurisdiction over the proceeding to determine a Will to be valid. In advance of the Court proceeding, a copy of the Will and the probate pleadings must be served upon all heirs at law and devisees (those named in the Will). This process provides all of the interested parties with an opportunity to review the Will and determine whether there are any objections.
An interested party has a right to object to the admission of a Will. Michigan law provides that “A party to a formal proceeding who opposes the probate of a will for any reason shall state in his or her pleadings the party’s objections to probate of the will.” The objection to a Will should always be placed in writing with specific allegations as to the reason the Will should not be admitted to probate, and filed with the probate court.
That’s all. No need to travel to the lawyer’s office for a dramatic reading. No fights in the lawyer’s office. Yes, the process of admitting a Will to probate lacks the drama of a reading of a Will in lawyer’s office.