Frequently Asked Questions: Wills

If you have the relative's death certificate, you may inquire with the court as to whether the decedent deposited the will with the court.

Whether or not a will is on deposit with the Probate Court is confidential information. The court will only check for a will upon death of the testator when provided with verification of death.

Yes. Upon proper verification of death you may obtain a copy of the will. There is a $10 charge for the first page and $1 for each additional page for a certified copy.

If you die without a will, your assets will be distributed according to the laws of intestate succession. This may or may not be how you wish your assets to be distributed. Because everyone has unique circumstances, seeking an attorney's advice is recommended.

A will becomes operative when it is admitted by the court in a probate proceeding after the testator's death.

Yes, the Probate Court will hold your will for safe keeping if you deposit it with the court for a $25 deposit fee. You must be a resident of Oakland County.

You should deposit your will to prevent the loss or destruction of it. It is also one of the first places relatives look for a will once a loved one dies. Upon the testator's death, whoever is holding the will must deposit it with the court to avoid a fine or contempt charge.

There is a $25 fee to deposit your will with the court. There is no fee to deposit a will of a deceased person.

There is no fee to withdraw a will; however, there is a $25 fee to re-deposit the will.

No, a will on deposit is strictly confidential. The court will not reveal the contents, nor will the court reveal if there is a will on file. Your will may be released to you only upon your request. Other persons may view your will only when your death certificate is presented to the court.

Yes, you may withdraw your will at anytime.  The copy fee is $1 per page.

Yes. You can revoke your previous will with another will, or you can supplement your existing will by means of a codicil. However, to ensure that your intentions are clear so that they will be carried out after death, you should consult an attorney before changing your will. You should never try to make changes on the existing will; this could invalidate the entire will.