What is Probate?

Probate in Michigan is the legal process of administering a deceased person’s estate, ensuring that debts are paid and assets are distributed according to the will or, if no will exists, Michigan’s intestacy laws.

Where is Probate Handled in Michigan?

Probate in Michigan is handled by the Probate Court in the county where the deceased resided at the time of death. Each of Michigan’s 83 counties has a Probate Court that oversees probate matters.

Key Steps in the Probate Process in Michigan

1. File the Will: The executor must file the will with the Probate Court. If no will exists, a family member or another interested party can apply to be appointed as the personal representative.
2. Inventory and Appraise the Estate: The personal representative must inventory the deceased’s assets, including real estate, bank accounts, and personal property, and provide a valuation to the court.
3. Notify Creditors: The personal representative must notify creditors, and a public notice must be published to alert unknown creditors. Creditors have four months to file claims.
4. Pay Debts and Taxes: The estate must settle all debts and taxes, including federal estate taxes if applicable.
5. Distribute Assets: After debts and taxes are paid, the remaining assets are distributed according to the will or, if no will exists, Michigan’s intestacy laws.

When Is Probate Required in Michigan?

Probate is required in Michigan when the deceased owns assets solely in their name, without a joint owner or beneficiary designation. Probate ensures that these assets are legally transferred to heirs or beneficiaries.

Types of Probate in Michigan

1. Informal Probate: A simplified process used when there are no disputes, requiring minimal court involvement.
2. Formal Probate: Required for more complex estates or when disputes arise, involving more court supervision and oversight.
3. Small Estate Probate: For estates valued at less than $25,000, this simplified process allows quicker transfer of assets without full probate.

Avoiding Probate in Michigan

Certain assets can bypass probate in Michigan, such as jointly owned property, payable-on-death accounts, life insurance policies with named beneficiaries, and assets held in a living trust.

How Long Does Probate Take in Michigan?

The probate process in Michigan typically takes six to nine months, but more complex estates may take longer, especially if disputes arise or the estate is large.

Common Terms in the Probate Process in Michigan

• Affidavit for Small Estates: A legal document used to transfer small estates without formal probate.
• Intestate: Dying without a valid will.
• Letters of Authority: Court-issued documents that give the personal representative authority to manage the estate.
• Personal Representative: The person responsible for administering the estate, also known as the executor or administrator.