What should I do if I am filing an estate but the client does not have the signed original will?

Asked over 1 year ago - Rochester, MI

filing an estate but client does not have original signed will

Attorney answers (3)

  1. Lynnmarie A. Johnson

    Pro

    Contributor Level 13

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    Lawyers agree

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    Answered . You can petition the court to take the copy and use that. It helps if you can get the lawyer who prepared it to say that it is a true copy of the one he prepared (it is a special affidavit that we often prepare in these circumstance) or one of the witnesses to say that it is a copy of the document that they witnessed the person signing. You might also check with your local probate court to see if the original was filed with them. You can do that for a small fee, so they could actually already have it. Good luck!

    I am licensed to practice in Michigan, but this is general advice and you should consult your own attorney before... more
  2. Julie Aletta Paquette

    Contributor Level 15

    4

    Lawyers agree

    Answered . The court generally accepts a photocopy of the will with the testimony of one of the heirs. A hearing will have to be scheduled and you have to open formally as opposed to informally with an Application. I have handled these before where the photocopy is allowed to stand in for the original; it is usually pretty easy to get it in if the right questions are asked.

  3. Matthew Erik Johnson

    Contributor Level 17

    2

    Lawyers agree

    Answered . I agree fully with the other attorneys. Absent an objection from another interested heir a court will likely accept a copy of a Last Will.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale... more

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