Wills

Depositing your Original Last Will and Testament and/or Codicil with the Probate Court

  • Leelanau County residents may deposit their Last Will and Testament and/or Codicil at the Leelanau County Probate Court.
  • Your Last Will and Testament and/or Codicil may be deposited by you or someone under your direction.
  • Your Last Will and Testament and/or Codicil should be placed into a sealed envelope with the following information on the outside:
    • Your name, address and last four digits of your social security number and your Michigan drivers license number.
    • Date delivered.
    • Your Last Will and Testament and/or Codicil envelope will be stamped "filed" by the clerk.
    • There is a $25.00 filing fee to deposit the Last Will and Testament and/or Codicil.
    • You will be given receipts for the deposit of the will and filing fee.

Retrieval of a Last Will and Testament and/or Codicil

During your lifetime, you may retrieve your Last Will and Testament and/or Codicil at anytime at no charge. However, there is a $25.00 filing fee each time your Last Will and Testament and/or Codicil is re-deposited.

  • In person: To retrieve your Last Will and Testament and/or Codicil, you must present your name, and personal identification, either your driver's license or state ID card.
  • By another person: If you are unable to present yourself personally to the Court, you may request your Last Will and Testament and/or Codicil, by completing the Authorization to Release Will held for Safekeeping (PC 548). Your designee shall present the Authorization form to the Court; present personal identification by either their driver's license or state ID card before your Last Will and Testament and/or Codicil will be released.
  • By mail:

You may request your Last Will and Testament and/or Codicil, by completing the Authorization to Release Will held for Safekeeping (PC 548) and mailing it to the Court.

To receive your Last Will and Testament and/or Codicil by mail you will have to include a check or money order payable to the Leelanau County Probate Court in the amount of $10.00. Your Last Will and Testament and/or Codicil will then be mailed to you by certified mail, return receipt requested and addressee only.

Delivery of Original Last Will and Testament and/or Codicil upon death of the testator to the Probate Court

  • Regardless of where your Last Will and Testament and/or Codicil is stored, upon death, your Last Will and Testament and/or Codicil must be delivered to the Probate Court of your county of residence.
  • If your Last Will and Testament and/or Codicil is not stored with the Court, the custodian or person having possession of the Last Will and Testament and/or Codicil must deliver it to the Probate Court with reasonable promptness upon your death.
  • A person who neglects to promptly deliver your Last Will and Testament and/or Codicil (without reasonable cause) is liable for damages.
  • A person who willfully refuses or fails to deliver your Last Will and Testament and/or Codicil after ordered by the Court to do so is guilty of contempt of Court and subject to penalty for contempt (fine or jail).

Want more information?  See Information & Resources and Useful Links.

This page last updated on 6/3/2014.