Do wills need to be filed with a government entity in Michigan?

Discover whether wills must be filed with a government entity in Michigan. Learn about the legal requirements and procedures for managing testamentary documents.

Understanding Wills in Michigan

In Michigan, a will is a legal document that outlines how a person's assets and properties should be distributed after their death. It allows individuals to have control over who will inherit their belongings and who will be responsible for carrying out their final wishes.

Legal Requirements for Wills

For a will to be valid in Michigan, the individual creating the will, known as the testator, must be at least 18 years old and of sound mind. The will must be in writing and signed by the testator or by someone else in the testator's presence and at their direction. Additionally, the will must be signed by at least two witnesses who were present when the testator signed the will.

Probate Process in Michigan

After the testator passes away, the will typically goes through the probate process in Michigan. Probate is the legal process of administering the estate of a deceased person, resolving any claims against the estate, and distributing the deceased person's property according to the terms of the will.

Do Wills Need to Be Filed with a Government Entity in Michigan?

Unlike some states, Michigan does not require wills to be filed with a government entity during the testator's lifetime. However, after the testator passes away, the will may need to be filed with the probate court in the county where the deceased person lived. Filing the will with the probate court initiates the probate process and allows the court to oversee the distribution of the estate.

Managing Testamentary Documents

It is essential to keep the original copy of the will in a safe place where it can be easily accessed after the testator's death. Informing trusted individuals, such as the named executor or family members, about the location of the will is crucial to ensure that it can be found when needed.

Conclusion: Ensuring Your Wishes Are Honored

While wills in Michigan do not need to be filed with a government entity during the testator's lifetime, proper management and storage of testamentary documents are essential to ensure that the testator's wishes are honored after their passing. Understanding the legal requirements for wills and the probate process can help individuals navigate the complexities of estate planning and ensure a smooth distribution of assets to their chosen beneficiaries.

Buried in Work's Additional Resources

Buried in Work provides Michigan state-specific service provider directories and information related to estate preparation, end-of-life tasks, and estate transition information. Click here to learn more.

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Are wills public record in Michigan?