Nope. I think it really depends on how long the person has been dead. If its an older file, say before 1940 or something I don't think you will have a problem, but if it is after that you MAY have to show proof of death. Its not like that in all of Michigan, just Oakland County. I've not had that problem in other counties that I've dealt with. Karen -----Original Message----- From: Marilyn Bess [mailto:bess@penn.com] Sent: Thursday, November 18, 2004 4:45 AM To: MIOAKLAN-L@rootsweb.com Subject: Re: [MIOAKLAN] Probate Court Files Am I understanding this right? Does it mean that before I could look at a probate record in Oakland county, MI that I would need a death certificate for the person? Is this true for all counties in MI? Marilyn Bess ----- Original Message ----- From: <ChristieTrapp@aol.com> To: <MIOAKLAN-L@rootsweb.com> Sent: Wednesday, November 17, 2004 11:54 PM Subject: [MIOAKLAN] Probate Court Files > In a message dated 11/17/2004 8:00:56 AM Pacific Standard Time, > MIOAKLAN-D-request@rootsweb.com writes: > "Karen Ansley Krugman" Karen@miprofgenie.com > > Christie, > I think the death certificate is more to ascertain that the person on > the probate file and the person on the death certificate are the same person. I > know its crazy, but to be honest I've yet to fully understand the probate > department at the Oakland County courthouse. The probate files that are in > Oakland county are all on Microfilm and they have ONE yes count it, > ONE microfilm copier/reader, so at times it can be tough to get what > you want copied. > Karen > Matching a death certificate to a probate file does not make any sense > to me. > The reason I say this is that while the names could match, what > happens when > you are dealing with an ancillary probate. That is, a probate that is done > because the decedent happened to have property in that county, but > didn't live > there. How is a death certificate, in those cases, going to prove you > are talking about the same person, particularly if the death occurred > in say Florida > because that is where the person actually resided at time of death? > > For those of you who are unfamiliar with probate law, an ancillary > probate comes into play when a person lives in another state, dies in > another state, but > owns property in Oakland county (or in any county in Michigan). The original > probate is filed in the state of residence, let's say Florida. A > death certificate is issued by the State of Florida. During the > probate proceedings, it > is learned that the decedent also owned a home or property in Michigan. An > ancillary probate is opened in Michigan to handle the distribution of > that property located in the state of Michigan. > > Whether this particular probate method was applicable back in the late 1800s, > early 1900s, I don't know. > > Another question. If you are asking for a probate that occurred right around > the time vital records were beginning how in the heck can the court > expect you to produce a death certificate for these old records? Has > the court provided any kind of inkling as to this question? > > Are they only asking for death certificates for those deaths that have > occurred since 2001? Or are they asking for certs for any and all probates since > 1867? > > Christie Trapp > > > ==== MIOAKLAN Mailing List ==== > You can contact the listowner at Judy@BirdGenealogy.org > > ============================== > Find your ancestors in the Birth, Marriage and Death Records. > New content added every business day. Learn more: > http://www.ancestry.com/s13964/rd.ashx > --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.797 / Virus Database: 541 - Release Date: 11/15/2004 ==== MIOAKLAN Mailing List ==== You can contact the listowner at Judy@BirdGenealogy.org ============================== New! OneWorldTree. Building Trees. Connecting Families. Learn more: http://www.ancestry.com/s13970/rd.ashx

My great grandparents both died in 1938 and when I wanted to see the probate records I was tole I would have to have a death cert for both of them in order to get the probate records. Jean ----- Original Message ----- From: "Karen Ansley Krugman" <Karen@miprofgenie.com> To: <MIOAKLAN-L@rootsweb.com> Sent: Thursday, November 18, 2004 8:00 AM Subject: RE: [MIOAKLAN] Probate Court Files > Nope. I think it really depends on how long the person has been dead. If > its an older file, say before 1940 or something I don't think you will have > a problem, but if it is after that you MAY have to show proof of death. > Its not like that in all of Michigan, just Oakland County. I've not had > that problem in other counties that I've dealt with. > Karen > > -----Original Message----- > From: Marilyn Bess [mailto:bess@penn.com] > Sent: Thursday, November 18, 2004 4:45 AM > To: MIOAKLAN-L@rootsweb.com > Subject: Re: [MIOAKLAN] Probate Court Files > > Am I understanding this right? Does it mean that before I could look at a > probate record in Oakland county, MI that I would need a death certificate > for the person? Is this true for all counties in MI? Marilyn Bess > ----- Original Message ----- > From: <ChristieTrapp@aol.com> > To: <MIOAKLAN-L@rootsweb.com> > Sent: Wednesday, November 17, 2004 11:54 PM > Subject: [MIOAKLAN] Probate Court Files > > >> In a message dated 11/17/2004 8:00:56 AM Pacific Standard Time, >> MIOAKLAN-D-request@rootsweb.com writes: >> "Karen Ansley Krugman" Karen@miprofgenie.com >> >> Christie, >> I think the death certificate is more to ascertain that the person on >> the probate file and the person on the death certificate are the same > person. > I >> know its crazy, but to be honest I've yet to fully understand the probate >> department at the Oakland County courthouse. The probate files that are > in >> Oakland county are all on Microfilm and they have ONE yes count it, >> ONE microfilm copier/reader, so at times it can be tough to get what >> you want copied. >> Karen >> Matching a death certificate to a probate file does not make any sense >> to > me. >> The reason I say this is that while the names could match, what >> happens > when >> you are dealing with an ancillary probate. That is, a probate that is > done >> because the decedent happened to have property in that county, but >> didn't > live >> there. How is a death certificate, in those cases, going to prove you >> are talking about the same person, particularly if the death occurred >> in say > Florida >> because that is where the person actually resided at time of death? >> >> For those of you who are unfamiliar with probate law, an ancillary >> probate comes into play when a person lives in another state, dies in >> another > state, but >> owns property in Oakland county (or in any county in Michigan). The > original >> probate is filed in the state of residence, let's say Florida. A >> death certificate is issued by the State of Florida. During the >> probate > proceedings, it >> is learned that the decedent also owned a home or property in Michigan. > An >> ancillary probate is opened in Michigan to handle the distribution of >> that property located in the state of Michigan. >> >> Whether this particular probate method was applicable back in the late > 1800s, >> early 1900s, I don't know. >> >> Another question. If you are asking for a probate that occurred right > around >> the time vital records were beginning how in the heck can the court >> expect you to produce a death certificate for these old records? Has >> the court provided any kind of inkling as to this question? >> >> Are they only asking for death certificates for those deaths that have >> occurred since 2001? Or are they asking for certs for any and all > probates since >> 1867? >> >> Christie Trapp >> >> >> ==== MIOAKLAN Mailing List ==== >> You can contact the listowner at Judy@BirdGenealogy.org >> >> ============================== >> Find your ancestors in the Birth, Marriage and Death Records. >> New content added every business day. Learn more: >> http://www.ancestry.com/s13964/rd.ashx >> > > > --- > Outgoing mail is certified Virus Free. > Checked by AVG anti-virus system (http://www.grisoft.com). > Version: 6.0.797 / Virus Database: 541 - Release Date: 11/15/2004 > > > ==== MIOAKLAN Mailing List ==== > You can contact the listowner at Judy@BirdGenealogy.org > > ============================== > New! OneWorldTree. Building Trees. Connecting Families. Learn more: > http://www.ancestry.com/s13970/rd.ashx > > > > ==== MIOAKLAN Mailing List ==== > You can contact the listowner at Judy@BirdGenealogy.org > > ============================== > Jumpstart your genealogy with OneWorldTree. Search not only for > ancestors, but entire generations. Learn more: > http://www.ancestry.com/s13972/rd.ashx > >