A missing or lost will does not prevent probate of an estate. It may affect the distribution of the estate because a will can often vary the distribution of assets at the conclusion of the estate administration from the standard pattern established as the default by state law. That having been said, an estate may be administered even if there is not a will. As a descendant of the deceased, you would be eligible to serve as the executor/administrator (personal representative, i.e. "PR") of the estate provided that there is not another party that has priority over you under state law. If you are appointed as the PR, you will have access to the accounts, first to pay the claims against the estate, then the court costs, attorney fees and PR fees, and then when the estate is closed, you will have access to your inheritance to spend as you see fit.
The information provided does not constitute legal advice and no attorney client relationship exists based upon this response. Unless specifically noted to the contrary, information refers to Michigan law. Prior to taking action, you should consult directly with an attorney for specific advice based on a full factual disclosure about your own legal situation. This information is provided for your personal use and may be reproduced for non-commercial distribution. All copies must include the following copyright notice: Copyright © 2011 THE HUBBARD LAW FIRM, P.C. Donald B. Lawrence, Jr. (P16463)*; THE HUBBARD LAW FIRM, P.C.*
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