Q: Is a will with a named executor valid in Michigan without court registration?
I am in Michigan, and my mother recently passed away. Her will, which is witnessed by two individuals and notarized, names an executor for the estate. However, Fidelity Investments is requesting a registered document noting the executor, as they seem not to accept the will as legal in its current form. I would like to know if the will needs to be registered with the county of records to be valid and whether the court process is necessary for the distribution of the estate, given that the will is properly witnessed and notarized.
A: All wills must be admitted to probate court before the nominated personal representative is authorized to act. Wills require probate; trusts do not. An estate must be opened, will admitted, and personal representative appointed and issued a Letter of Authority. Fidelity is correct.
Kenneth V Zichi and Anthony M. Avery agree with this answer
A:
Ms Archie is correct IF (and that may be a big if!) Probate is necessary.
Certain very small assets do NOT need to go through probate, but if this is a large Fidelity account that may not apply.
I would strongly urge you to consult with a local probate attorney to review all the facts as Fidelity NEVER wants to allow you to do a simple affidavit and claim and will insist on full probate even when not legally required.
Get that local help to avoid unnecessary costs!
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