Statute for Probating a Michigan Will

The Michigan probate process and requirements are set forth in the estates and protected individuals code, article 3, probate of wills and administration.
Here are select provisions for your reference: 700.3201 Venue for first and subsequent estate proceedings; location of property. (1) Venue for the first informal or formal testacy or appointment proceeding after a decedent’s death is 1 of the following: (a) The county where the decedent was domiciled at the time of death. (b) If the decedent was not domiciled in this state, in a county where property of the decedent was located at the time of death. (2) Venue for a subsequent proceeding that is within the court’s exclusive jurisdiction is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in subsection (3), in section 856 of the revised judicature act of 1961, MCL 600.856, or by supreme court rule. (3) If the first proceeding described in subsection (1) was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court. (4) On motion by a party or on the court’s own initiative, a proceeding’s venue may be changed to another county by court order for the convenience of the parties and witnesses, for the attorneys’ convenience, or if an impartial trial cannot be had in the county where the action is pending. (5) For the purpose of aiding determinations concerning location of property that may be relevant in cases involving nondomiciliaries, other than a debt evidenced by investment or commercial paper or other instrument in favor of a nondomiciliary, a debt is located where the debtor resides or, if the debtor is a person other than an individual, at the place where the debtor has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued. 700.3303 Informal probate; proof and findings required. (1) In an informal proceeding for original probate of a will, the register shall determine whether all of the following are true: (a) The application is complete. (b) The applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant’s knowledge and belief. (c) The applicant appears from the application to be an interested person. (d) On the basis of the statements in the application, venue is proper. (e) An original, properly executed, and apparently unrevoked will is in the register’s possession. (f) That the application is not within section 3304. (2) The register shall deny the application if the application indicates that a personal representative has been appointed in another county of this state or, except as provided in subsection (4), if it appears that this or another will of the decedent has been the subject of a previous probate order. (3) A will that appears to have the required signatures and that contains an attestation clause showing that requirements of execution under section 2502 or 2506 have been met shall be probated without further proof. In other cases, the register may assume execution if the will appears to have been properly executed, or the register may accept a sworn statement of a person having knowledge of the circumstances of execution, whether or not the person was a witness to the will. (4) Informal probate of a will that was previously probated elsewhere may be granted at any time upon written application by an interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office or court where the will was first probated. (5) A will from a place that does not provide for probate of a will after death and that is not eligible for probate under subsection (1) may be probated in this state upon receipt by the register of a properly authenticated copy of the will and a properly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.

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