Following the death of an individual, a common narrative that we hear is that a family member will not produce the will of the person that died. They may do this because they fear they will be excluded from the distribution or that there will be a lack of transparency or bad actions by the person who is controlling the will.
If you have a loved one who is withholding a decedent’s will in Royal Oak, reach out to our seasoned wills attorneys at The Probate Pro to discuss ways to resolve the issue and move forward with probate.
Michigan statute provides within reasonable promptness following the person’s death, and if you’re in possession of an original will, you have to produce it to the probate court. That doesn’t mean you have to open a probate estate, but you must deliver it to the probate court where it will be stored.
Following the death of an individual, if the will is at the probate court, you can produce a death certificate to view the will. In Royal Oak, if the person in possession of the will does not allow you to view it, you can get a copy by filing a petition for probate. If they are refusing to produce the will, you can ask for a court order to produce it.
That doesn’t necessarily mean you’re going to be included in the will, but it does give you an opportunity to understand the contents and the decedent’s intentions.
People often have this misconception that if they are in possession of the will, then they get to handle the administration without court involvement. In fact, it’s the opposite: the will is the guidebook to how the probate will be administered, who the nominated personal representative will be, and how the distributions will occur. Probate court is required when there’s a valid will.
There are times you can avoid probate if the estate is quite small, but in most contexts, if there’s a will, there will be a need for probate. Probate is a public forum, meaning you can go to the probate court and examine the contents of a probate file, including the pleadings and the will itself.
If somebody dies in Royal Oak and a family member fails to turn over their last will and testament, you should first ask to see it. If they don’t respond, hire a skilled, competent probate lawyer to compel them to produce it, so that you can know whether you’re properly included or excluded.
The Probate Pro is your partner in cases where someone is withholding a decedent’s will in Royal Oak. Please call us for legal assistance – probate is all we do, and there is no one you’d rather have in your corner!