How Probate Works In Michigan
Probate is the legal process that takes place after a person dies. The word probate is tossed around so much that people start confusing the word and its meaning gets lost in translation. This blog will run through a basic overview of what probate is and how it affects you.
Probate 
The probate court was established in order to assist individuals in guardianships, and conservatorships, and in a lot of cases the probate court is used to establish and resolve estates. A lot of people don’t want their estate tied up in probate because they know the courts are slow. They know that if they have an estate and it ends up in probate court it will take many years to figure out, and in some cases this is true. It is important to talk to an attorney about all your assets and will, being prepared will help the people you love.
Probate Process
This process can be overwhelming and confusing, taking it slowly and speaking to an attorney is your best choice to get the results that you want. When you lose a loved one their assets and estate are the last thing you will be thinking about. After you have time with yourself and your family you can start the process of going over the will and making sure things go smoothly.
The process begins when you file to initiate the case, and then the court will appoint a personal representative. This representative will be the main contact that the court will use instead of dealing with multiple people. In some situations, a will can often name the personal representative. In Michigan, probate is a legal process undertaken after a person’s death to settle their last will and testament. Probate can determine the validity of a will and ensure its execution, or, if there is no will, appoint an executor to oversee the disbursement of assets. The size and complexity of a deceased individual’s estate will likely be the primary factors in determining the length of time and amount of money spent on the probate process, but recent changes in Michigan have made it so that smaller estates are subject to far less probate regulation than they were previously.
If there is no surviving spouse, the decedent’s heirs (usually children or grandchildren) would take the remainder of the estate in equal shares. It is important to note that creditors must be paid by those who are entitled to the estate in an amount that is no greater than the value of the estate within sixty-three days after a judge’s order. There is a filing fee of $25 to open a small estate, and an inventory fee must also be paid. Another reminder is that the court only wants to talk to one representative from the family. Usually, the will has a chosen person that will be the representative if not the court will determine who that is. After the court has decided who will be the representative the court will give them a letter of authority which allows the representative to make the major decisions.
Do I Need a Probate Lawyer?
Now that you know the basics of probate court and the process you may ask yourself the question, do I need a lawyer for a small estate? No matter how big or small you should always have a lawyer when it comes to probate. The decision to hire a probate attorney is one that will ensure your legal wishes are carried out to the fullest. In short, a probate lawyer will oversee that your estate and assets are properly divided how you intended them to be. Oftentimes, the same lawyer who is responsible for drawing up a will can act as the probate attorney during this process.
If your assets and estate are important enough to you that you’d like to see your last will and testament be carried out smoothly, hiring a probate attorney to do so will complete the task with ease. Other advantages to having a probate expert administer your will include:
- filing of a will / simple will
- legal guardianship
- conservatorship
- Michigan trust
- probate real estate
- probate laws
- living trust
- legal name change / DBA
Conclusion
Probate comes into play when someone passes away and there is a will involved, you will need an attorney should an interested party contest a will, or where an objection may be made regarding a personal representative for the estate. There are a number of matters that may be initiated in probate courts across Michigan. The particular jurisdiction will dictate what matters come before its probate court. Most of these matters will require an experienced attorney should any interested party object.
Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Guardianship in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about custody in Michigan.
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