Court Safekeeping of Original Wills in Michigan
At a glance
| Statutory safekeeping route | Voluntary lifetime court deposit of a written will (§ 700.2515(1)). |
|---|---|
| Who may deposit | Testator or a person acting for the testator (§ 700.2515(1)). |
| Proper court or clerk | Court in the county where the testator resides (§ 700.2515(1)). |
| Envelope and filing record | Sealed wrapper endorsed with identity, residence, ID number if any, and delivery date/person (§ 700.2515(1)). |
| Fee and receipt | $25 payable to probate court register; court gives certificate (§§ 600.880c(2), 700.2515(1)). |
| Custody before death | Court must receive and safely keep the will (§ 700.2515(1)). |
| Retrieval before death | Testator, or written designee whose authority is proved by a subscribing witness's oath (§ 700.2515(2)). |
| Notice after death | Court receipt of death notice triggers public opening at its first following session (§ 700.2515(2)). |
| Opening and release after death | Court retains opened will; may transfer it for probate in another county on an interested request (§ 700.2515(2)–(3)). |
Requirements one by one
Sealed deposit and certificate
The will must be in writing and enclosed in a sealed wrapper. Section § 700.2515(1) calls for the testator's name and residence, a Social Security or Michigan driver's license number if any, and the delivery date and deliverer's name on the wrapper. A person acting for the testator may deliver it to the court in the county where the testator resides. The court must safely keep it and give a deposit certificate. The fee is $25 under § 600.880c(2).
Delivery during life
Under § 700.2515(2), the court may deliver the will during the testator's life only to the testator or a person authorized in writing by the testator. The written authorization must be proved by the oath of a subscribing witness.
Opening after death
Section § 700.2515(2) calls for public opening at the court's first session after it receives notice of death, followed by retention. If probate jurisdiction belongs in another county, § 700.2515(3) permits the specified interested requester to obtain a transfer to that court by registered mail or delivery to a person who will present it there.
What trips people up
The receiving county is tied to the testator's residence (§ 700.2515(1)). After death, the transfer provision in § 700.2515(3) addresses a different county with probate jurisdiction; it does not itself admit the will to probate.
Common questions
Can someone else make the initial deposit? Yes. Section § 700.2515(1) permits a person acting for the testator to deposit the sealed will.
What if a person still holds a will after the maker dies? Section § 700.2516 separately requires a custodian or other person with possession or care of a will or codicil to forward it to the court with reasonable promptness after death, personally or by registered mail.
Statutes and sources
- Mich. Comp. Laws §§ 700.2515(1)–(3), 700.2516, 600.880c(2). Verbatim official text, section URLs, and access dates appear in the source fields above.
Source links
Every statute quoted above, linked, with the date we checked it.
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