What Documents Do I Need for Probate?

Probate is the process of validating a will and distributing the deceased person’s estate. When the deceased didn’t leave a will, the estate is distributed according to Michigan’s intestate succession law.

To start the probate process in Michigan, you need three key documents: the will, the death certificate, and the petition for probate or appointment of the personal representative. In addition to these documents, you may also need the deceased’s financial records, evidence of their debts, and past tax returns.

The Will

The purpose of a will is:

• To distribute your property after death
• To appoint a personal representative to execute your will
• To appoint a legal guardian for minor children

There are three types of legally valid wills in Michigan:

• A dated, signed, handwritten will
• A formal will, which can be typewritten, must be signed and witnessed by two people who are not beneficiaries
• A statutory will, which uses a simple form available in the official publication “Planning for Your Peace of Mind”

You will need a copy of the will to begin probate, regardless of which type of will the deceased used. If the deceased had no will, you can begin probate without one by specifying that the estate is intestate when filling out the petition for probate.

The Death Certificate

A death certificate is a document that lists the facts about a death, including:

• Date
• Time
• Location
• Cause of death 

A death certificate constitutes legal proof of death. You can request a copy of the death certificate from the Michigan Division for Vital Records and Health Statistics.

The Petition for Probate

The petition for probate and/or appointment of a personal representative is a form that officially begins the probate process. The petition for probate:

• Specifies whether the decedent had a will or not
• Names the petitioner and their relationship to the deceased
• Provides basic information about the deceased
• Estimates the value of the estate
• Names all known heirs
• Nominates a personal representative or executor of the estate

Other Documents

Other documents you may need include:

• Financial records, such as bank statements
• Property deeds and vehicle titles
• Proof of the deceased’s debts
• Tax returns
• An inventory of assets
• Receipts or other proof of funeral expenses

You may also need a Testimony to Identify Heirs form if the deceased died without leaving a will.

Contact a Michigan Probate Lawyer for Help Today

If a loved one has recently died and you are responsible for overseeing their estate, you may be uncertain what to do next. An experienced Michigan probate lawyer can help. Being named as the personal representative or executor of an estate is an honor and a heavy responsibility. The best way to ensure that you meet that responsibility is to seek legal advice from professionals. Bingham Legal Group PC is a law firm dedicated to helping people in your position. We can help you get through the probate process without making any mistakes. Contact us right away for help with any Michigan probate law matter.