Probate is a legal process for managing and distributing the assets of a deceased person. Probate can be time-consuming and sometimes complex, but it ensures that the estate is settled legally and fairly. Not every estate requires probate in Michigan, but it’s generally needed for those with significant assets or without specific planning measures in place.
If you have questions about probating a will in Michigan, contact Legacy Counsel PLC today. Our attorneys are here to guide you through the process
What Happens When Someone Dies Without a Will in Michigan?
When someone dies without a will, their assets are distributed according to Michigan’s intestacy laws, which provide a standard order of inheritance. This means the court will divide assets among close family members in a specific sequence, typically starting with spouses and children.
If there’s no surviving spouse or children, assets may go to parents, siblings, or other relatives based on Michigan law. Without a will, the deceased loses the opportunity to choose who will inherit their property, and the court will make these decisions based on existing state laws.
Additionally, the probate court will appoint an administrator to handle the estate instead of an executor named in a will. This process often takes longer and may result in higher fees. That is why creating a will to avoid these outcomes is highly advisable.
What Assets Go Through Probate in Michigan?
The main purpose of probate is to make sure the deceased’s assets are distributed to the right beneficiaries, debts and taxes are paid, and any disputes among heirs or creditors are resolved.
However, not all assets go through probate. In Michigan, probate assets include property that was solely in the deceased person’s name, such as:
- Real estate owned individually, not jointly with others.
- Personal property like vehicles, jewelry, and furniture.
- Bank accounts without a payable-on-death (POD) designation.
- Investments and savings accounts without a designated beneficiary.
However, some assets bypass probate entirely, such as life insurance policies with named beneficiaries or jointly owned property, which automatically transfers to the surviving owner. Retirement accounts (like IRAs and 401(k)s) with designated beneficiaries or bank accounts with a POD or transfer-on-death (TOD) designation won’t go through probate, either.
What If My Estate Is Small?
Michigan offers a simplified process for handling small estates, which can make things easier and faster for families. If an estate is valued under a certain amount, it may qualify as a small estate and avoid the full probate process.
If the total value of the estate is below Michigan’s small estate threshold, heirs can use a simplified affidavit process to transfer personal property. The court may also allow informal proceedings, a streamlined probate process that can save time and costs. An estate planning attorney can explain if your estate might qualify and guide you through completing the necessary forms.
How Do Probate Court Proceedings Work in Michigan?
Probate court proceedings in Michigan follow this process:
1. Filing the Will
The will must be submitted to the probate court in the county where the deceased lived. If there’s no will, the estate is distributed according to Michigan’s intestacy laws.
2. Appointing a Personal Representative
The court appoints a personal representative (executor) named in the will, or if there’s no will, a suitable person to administer the estate.
3. Notifying Heirs, Beneficiaries, and Creditors
The personal representative informs heirs, beneficiaries, and creditors about the probate process and provides them with the opportunity to file any claims or objections.
4. Inventory and Valuation of Assets
All probate assets must be identified and valued to provide a complete list to the court.
5. Paying Debts and Taxes
Outstanding debts, expenses, and taxes are paid from the estate.
6. Distributing Remaining Assets
Once debts and expenses are settled, the remaining assets are distributed to beneficiaries according to the will or Michigan’s intestacy laws if there is no will.
The probate process varies in length, but in Michigan, it typically takes between a few months to a year, depending on the complexity of the estate.
How Expensive Is Probate?
The probate process comes with various costs, which can add up based on the estate’s complexity. Common probate expenses in Michigan include:
- Filing fees and other court-related costs.
- Back taxes.
- Compensation for executors or personal representatives.
- Legal fees for an attorney to guide and assist with the probate process.
- Appraisal and accounting fees if the estate includes valuable property.
The total probate cost depends on factors like the estate’s size, the number of assets, and whether there are disputes among beneficiaries. Planning ahead with proper estate planning can often help avoid conflicts and reduce these costs.
How an Estate Planning Lawyer Can Help with Probate
An experienced estate planning lawyer in Michigan can be a valuable resource throughout the probate process. They can assist personal representatives by ensuring all legal requirements are met, handling necessary paperwork, and adhering to court deadlines. A lawyer can help with estate taxes, settling debts, and avoiding common pitfalls that may delay probate.
Your lawyer can also provide guidance in resolving disputes among beneficiaries, preventing conflicts, and ensuring the process runs smoothly. With their knowledge, an attorney can make the probate process more efficient and less stressful for everyone involved, ensuring that the deceased’s wishes are carried out according to Michigan law.
Questions about Probating a Will in Michigan? Contact Legacy Counsel Today
Probating a will in Michigan is a necessary step to ensure the deceased’s final wishes are honored and their assets are distributed properly. If you need assistance with probating a will or have questions about the Michigan probate process, Legacy Counsel PLC is here to help. We offer compassionate, knowledgeable guidance for families dealing with the probate process and can provide support at every step.
Contact us today to schedule a consultation and learn more about how we can assist you with your probate or estate planning needs.
