Contesting a Will in Michigan Probate Court: What to Expect

Losing someone you love is already hard. When there are disagreements or confusion about their will, things can become even more difficult and this is where the Michigan probate court comes in. If you believe a will was signed under pressure, changed unfairly, or doesn’t reflect the person’s true intentions, you may need to bring the matter to probate court. In Michigan, contesting a will is a legal process handled through the Michigan probate court system. These courts oversee how estates are managed after death and make sure that assets are distributed according to state law or the person’s wishes, according to their will.

What Does Contesting a Will Mean

Contesting a will means asking the court to decide whether the will is valid. You may be concerned that the person who signed the will didn’t understand what they were doing. In some cases, there may be reason to believe someone else influenced them unfairly or that the document was forged or altered.

It is important to know that you cannot contest a will simply because you do not like what it says.
There has to be a legal reason that challenges the will’s validity. Only certain people can bring a will contest; typically those who would benefit if the will were thrown out or replaced with an earlier version.

Who Handles the Case in Michigan

The Michigan probate court handles these kinds of cases. This court is in charge of making sure the person’s estate is settled fairly. When a will is challenged, the judge looks at the facts, reviews any past versions of the will, and listens to testimony from witnesses and experts.

In many cases, these disputes come up when there are blended families, second marriages, or last-minute changes to the will. The court is there to make sure no one took advantage of the person who passed away and that Michigan laws are followed throughout the process.

What Happens After a Will Is Challenged

Once a will contest is filed, the process moves forward through the probate court. The judge may schedule hearings where both sides present their evidence. This could include testimony from people present when the will was signed, medical records, or statements from experts.

The court will look at whether the person who made the will was of sound mind and whether they understood the document they were signing. The judge will also consider if the person was influenced by someone else in a way that took away their free will.

In the end, the judge may decide the will is valid as written. Or, the judge may find that the will is not valid and either rely on an earlier version or decide how to distribute the estate using Michigan’s probate laws.

What If There Was No Will at All

If someone passes away without a will, this is called dying intestate. In these cases, the Michigan probate court will follow specific laws to decide how the person’s property is passed on. Usually, the estate will go to the closest family members, such as a spouse, children, or parents.

Even without a will, disagreements can still arise. Family members may not agree on who should be in charge of the estate or how it should be divided. The court may need to step in to settle those disputes and appoint someone to act as the personal representative.

Are There Different Types of Probate in Michigan

Yes, the probate process in Michigan can vary depending on the size and complexity of the estate.
For smaller estates, the process can be shorter and more straightforward. For larger estates (or those involving conflicts), the court may take a more active role and supervise many of the steps.

Formal probate (or probate court litigation) is often used when there is a will contest or disagreement among the parties involved. Informal probate may be allowed when things are simpler and there is no legal challenge. Either way, the Michigan probate court oversees the process to make sure everything is handled correctly.

How Long Does the Probate Process Take

The timeline can vary depending on the issues involved. If there’s challenge to the will, the process will likely take longer. It can take several months (or even more than a year) to reach a final decision, especially if witnesses or experts need to testify.

Delays can also happen if the court needs to wait for creditors to come forward, or if family members are not cooperating. Having a skilled probate litigation attorney can help keep the case moving and ensure that your side is skillfully presented in court.

Why Having a Probate Litigation Attorney Matters

Will contests are not only emotional, they are legally complex. You need someone who understands how the Michigan probate court works and what kind of evidence is most persuasive. A probate litigation attorney can help you file the right paperwork, gather important records, and represent you in court.

If you are challenging a will, or defending one from a challenge, having the right legal support can make a big difference in the outcome. It is also important to act quickly. There are time limits for filing a will contest, and waiting too long may mean losing the chance to raise your concerns.

Talk to an Attorney About Contesting a Will in Michigan

If you have questions about contesting a will or need help with a matter in Michigan probate court, the legal team at Suzanne R. Fanning PLLC is here to help. With years of experience handling probate court litigation across Washtenaw County and beyond, we understand how emotional and complicated these situations can be.

We take the time to listen, explain your options in plain language, and advocate for your interests every step of the way, which is why our clients trust us to help them with will and probate challenges.

Contact us today to schedule a consultation and get the support you need to protect your loved one’s true wishes.