A probate court handles wills, trusts, and estates of decedents. When there’s a will left after a person dies, it has to be verified. It can be verified through the probate court. The court authenticates the will. And then, proceeds to oversee the enforcement of the will or the distribution of the estate. How do you verify a will in a probate case?
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There will be situations in which someone can challenge the authenticity of the will. Someone thinks the will is suspicious. The timing of the writing is too close to the decedent’s death. Or, someone believes there was a radical change to what the prior will stated. A recipient or anyone with an interest in the will can go to court and challenge the will. The process of a probate court allows all parties interested in the case to verify or contest the will.
The rules of Michigan’s intestacy govern how assets are distributed when a person passes away without leaving a will, or intestate. These laws specify the sequence, or succession, in which family members will receive assets from an intestate decedent. The laws of intestate succession will be used by the probate court overseeing the person’s estate to determine who is entitled to any asset.
What is a last will and testament?
The Last Will and Testament. Known as a “Will” in Michigan, is one of the most known estate planning legal documents. A will enables you to safeguard your family. It guarantees that your assets are transferred to your “devisees.” Devisees are the people you select in your will, as opposed to the ones the state selects.
Write your will so that you can:
[ a ] State who should get your house, your belongings, or your assets after you die and in what proportion.
[ b ] Give specific dates and conditions. It says when your devisees should receive their part.
[ c ] Name a guardian for your minor children. Your child’s guardian will make legal decisions on their behalf. The guardian will also decide on their education, medical care, and other matters.
[ d ] Administer any assets or property you leave to minor children. Choose a conservator.
[ e ] Name a Personal Representative or PR. Your PR oversees the proper execution of your will’s directives.
A holographic or handwritten will is acceptable in Michigan. The testator must date and sign the document at the bottom. The testator’s handwriting must also be used for all substantive elements of the will. A codicil, which must be executed in the same manner as a will, allows a Michigan will be changed at any time.
Codicil refers to an addition or supplement to a last will and testament. It clarifies, modifies, or revokes a will or a part of one. To understand how a will may be modified or revoked, you must first understand what a codicil is.
Codicils are essential if you have any reason to amend all or part of your will. Reasons for such changes are significant life events. Examples of such are birth, death, marriage, divorce, or migration out of state. An existing agreement’s codicil will either explain, change, or repeal certain clauses.
You can revoke a will by drafting a new one or by destroying the original one with the intention of doing so. The provisions in the will that benefit your former spouse are repealed if you die. It happens when the testator divorces. It can also happen if the marriage is declared invalid after executing the will.
What is probate?
Probate is a judicial process. It is the court-mandated distribution of a decedent’s estate. The executor can divide the testator’s property under the terms of the will. It is done when the validity of the will has been established in probate court.
For small estates in Michigan, an affidavit or a streamlined probate process may be used. This streamlined probate process transfers the decedent’s property to the survivor.
The Probate Court has jurisdiction over trust-related issues. This also includes the administration of decedents’ estates. The Court also hears issues involving guardianship and conservatorship. These are issues involving juveniles, people with developmental impairments, and disabled adults. The court also hears petitions for involuntary hospitalization. It also does the same to the treatment of people with mental illness. The court abides by two state statutes. The Estates and Protected Individuals Code (EPIC) went into effect on April 1, 2000. And the Michigan Mental Health Code. The Court also deals with unrelated matters. Unrelated matters like drain appeals, delayed registration of foreign births, and unpublicized marriages.
You die without a last will and testament. What then?
The state’s intestacy rules apply to your estate (money and property). You died without leaving a last will and testament. This implies that the court will make decisions on the distribution of your assets. The distribution will be based on Michigan Probate Laws rather than your intentions. It’s not going to be the best situation for your devisees.
As an illustration, the court can decide to give to an estranged relative. A distant relation you never intended to provide an inheritance to. That relative is now entitled to your estate. The decision leaves your loved ones without anything.
Name a person in your will as your Personal Representative or PR. Another way to refer to this person is the Executor. This person handles carrying out your instructions as intended. For instance, overseeing the transfer of your property. Your PR ensures that each of your devisees or beneficiaries receives their inheritance. Fighting objections from omitted heirs.
You should select a person you can rely on to carry out your instructions. Your PR carries out the tasks listed in your will. Many people pick a close acquaintance or relative. It’s a smart idea to pick a young person. Someone who is able to bear the responsibility. It should be someone who is skilled in handling money and business dealings. Most importantly, you should pick an honest person.
You might be asking. If I have a will, do I have to go through all the hoops in probate? In Michigan, a will is actually your pass to probate. Your PR submits your last will and testament to the Probate Court in the county where you live. Your PR should be submitting it in the county where you hold property after your death. This will start the Michigan Probate procedure. Your last will and testament serve as a letter to the Probate Court. It is stating to whom you want to inherit your assets. It specifies who should oversee their distribution upon your passing.
The probate process has many potential disadvantages. It is so for the loved ones you leave behind in Probate Court. The procedure is entirely avoidable with the right Estate Plan in place. Probate can be expensive, drawn-out, and public. Avoid the costly and drawn-out Probate Court procedure. You might want to think about using a living trust or one of the other available legal solutions.
How does one verify a will in a probate case?
This a common worry when a family considers probating the estate of a departed loved one. What would happen if they cannot find the original last will and testament? Whether a copy of the will can be probated is a frequently asked question.
Maybe, according to Michigan law. Then again, maybe not. Depending on the particular circumstances. Depending on underlying facts, you may be able to probate a copy of a will. The question must be answered through probate court proceedings. Go through evidence presented at a hearing, and a probate judge’s decision.
The court rules that a copy cannot be probated. The estate will be divided under Michigan’s intestate succession laws. This means that the distribution may not be by the decedent’s preferences as stated in the will.
Michigan Estates and Protected Individuals Code (EPIC). Several EPIC provisions take effect during probate. Especially if an original final will and testament is not available. The document is lost or destroyed. A petition for probate must specify the availability of the last will and testament. The executed original of the decedent’s will is enclosed or in the court’s custody. The law also authorizes filing a certified copy of a will that has been admitted to probate elsewhere.
Overcoming a presumption that results from a statutory clause is another obstacle. The testator’s destruction of an original will indicates the revocation of the will. A rebuttable presumption of the decedent destroying the original will to revoke it emerges. The decedent actually has possession of an original will that supposedly cannot be found. A petitioner for the probate asking for a copy of the will must show proof. They must prove that the deceased would not have destroyed the original will if the decedent intended to revoke it. It is possible to prove these facts using the deceased person’s own remarks.
A probate court granting a request to probate a copy of a will is solely based on the facts of the case. It is based on the arguments made in court, and the judge’s conclusions drawn from the evidence. The probate of a copy of the original will under these circumstances has been both permitted and disallowed by Michigan courts.
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