Blog Post

Do Wills Avoid Probate?

Courtney Moelker

Jul 28, 2023

In short? No.

Wills and Probate always go together. MCL 700.3102 states “to be effective to prove the transfer of property or to nominate a personal representative, a will must be declared valid by a register’s order of informal probate or by a court’s adjudication of probate.”


It’s a common misconception that last will and testaments avoid probate, when they in fact go hand in hand. By law, wills must be declared valid in order for the personal representative to formally be nominated and before the effective transfer of property. 

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