Probate Attorneys in Michigan

Probate is the state process by which a court looks at a will and determines whether it is valid. The probate court records the will in the public record and then gives time to the public to contest the will. Probate courts will also determine what to do with an estate if a person dies intestate, meaning without a will. Without a will, the probate court will distribute a person’s assets following Michigan intestate law, which may or may not result in the outcome you’d expect.

As an estate planning practice, we strive to keep as many of your assets as possible out of probate. We do this by creating estate plans that allow assets to be transferred more quickly and without the need for court approval and public recordation. However, with a will-based estate plan, there may be some assets that will not be able to avoid probate. Still, it will be much less expensive, stressful, and time-consuming if most of the estate has passed to beneficiaries outside of probate. If you want to avoid probate entirely, we will educate you about other planning options, such as revocable living trusts.

When someone in Michigan dies without a will, the probate court will determine how to distribute assets under state law. Without a will, however, there may be assets that can be distributed based on beneficiary designations and pay-on-death clauses. These are assets like bank accounts, insurance policies, and retirement accounts. The forms designate who should receive the assets at the time of the account holder’s death control and will win out over state law.

Yes. If the deceased had any significant assets not already distributed by beneficiary designations or pay-on-death clauses, they must be distributed through probate. This can include real estate, valuable personal property, and any funds the deceased may have had. Michigan does have a simplified process for small estates, but these proceedings are still part of the public record.

In Michigan, probate can take anywhere from a few months to over a year, but this can vary. Simple estates may be settled more quickly, especially when utilizing procedures for small estates. Conversely, more complex cases, especially those involving will contests, multiple beneficiaries, or tax issues, can extend the process significantly. The statutory four-month period for creditors to file claims against estates in Michigan can also influence the timeline. Ultimately, you should speak with a probate lawyer about the details of your estate to determine an accurate estimate. At Legacy Counsel, we have created systems and processes that would allow a probate matter to be completed in as little as 6 months.

Legacy Counsel adheres to predictable billing practices yet recognizes that Michigan’s legal standards typically charge hourly for probate and trust administration. We maintain this model with full transparency by offering advanced cost estimates and detailed invoices.

A probate attorney’s fees are typically paid from the estate’s assets as part of the administrative expenses during the probate process. Sometimes, the personal representative or beneficiaries might agree to pay for probate services if the estate lacks sufficient assets to cover these costs. However, such arrangements should be agreed upon and documented to prevent misunderstandings or disputes. If the estate has sufficient assets, anyone who has paid legal fees from their personal funds will be entitled to reimbursement from the estate before distributions are made to the beneficiaries.

When choosing an attorney to assist you with moving an estate through Michigan probate, consider their experience, whether their firm has a concentration in Michigan probate law, client reviews, and your comfort with them. It’s essential to work with someone who understands your needs and whom you can trust.