MCL 700.2516 provides that a person having possession of the will of a deceased person is required to file it with the court having jurisdiction, generally the probate court in the county of residence of the decedent. The appropriate time is described as "with reasonable promptness after the death" of the decedent. It goes on to provide that "a person who neglects to perform this duty without reasonable cause is liable for damages that are sustained by the neglect". If a person willfully refuses or fails to deliver the will or codicil after being ordered by the court, that person can be held in contempt of court and subjected to penalty. Obviously, this applies only if there is a will. Not everyone makes a will but if they have not, any immediate member of the family of the decedent make seek to initiate administration of the estate. There are statutory priorities as to who has priority to be appointed but a petition to administer the estate when granted, leads to the appointment of a responsible party (the Personal Representative) who is charged with identifying assets, filing an inventory and after paying bills owed by the decedent and administering the assets, makes distribution of the assets to those persons pursuant to the terms of a will or under the Michigan statute if no will was made and admitted to probate. Even a creditor could petition for administration if no family member did so within 42 days after the death. If the will did not make provision for the wife or, in her opinion inadequate provision, the wife has the right to elect against the terms of the will and claim a share as allowed by statute.
Answered on Oct 21st, 2011 at 3:48 PM