Probate Administration In Michigan

Posted by smith clea on July 16th, 2022

Probate administration in Michigan can be very confusing if you’re not familiar with the probate process and even more so if it’s your first time. 

The following article will walk you through the probate administration process in Michigan.

It includes the advantages of having an attorney assist you in this process and what to expect throughout the entire process. 

Wherever you live in Michigan, these tips will help ensure that your probate administration runs as smoothly as possible.

What Is Probate?

Probate is the legal process of distributing a deceased person's assets to their heirs.

In Michigan, the probate process begins when the executor of the estate files a petition with the probate court. 

The court will then appoint a personal representative to oversee the administration of the estate.

Where Should I Start?

The process of administering a decedent's estate can be complicated and time-consuming. 

If you're named as the personal representative in a will, or if you're the closest relative of someone who died without a will, you may be wondering where to start.

Important Things To Do As Soon As Possible

As the personal representative, one of your first jobs is to notify the probate court that the decedent has died and that you will be administering the estate. 

You must also give notice to all interested parties, which includes heirs, devisees, and creditors. 

You will need to inventory and appraise the decedent's property, pay debts and taxes, and distribute the remaining assets to the beneficiaries.

How Much Does Probate Cost?

The average cost of probate administration in Michigan is ,500. 

But, the actual cost will depend on the size and complexity of the estate. 

If the estate is small and there are no disputes among the heirs, the cost may be as low as 0. 

But if the estate is large and complex, with many beneficiaries and/or disputes among heirs, the cost could be ,000 or more.

How Long Will This Take And How Much Will It Cost Me?

The Michigan probate process administration can take anywhere from a few months to a year or more. 

It depends on the size and complexity of the estate. 

The cost of probate administration will vary depending on the size of the estate and whether there is litigation involved. 

Generally speaking, the larger the estate, the more expensive it will be. 

If there is litigation involved, that will also add to the cost.

Who Else Needs To Be Notified, And Why?

If the decedent died with a will, the personal representative must give notice to all the decedent's heirs, devisees, and legatees. 

If the decedent died without a will, the personal representative must give notice to all the decedent's next of kin. 

The personal representative must also give notice to any creditors of the estate who have filed a claim against the estate.

Who's Responsible For Paying Debts Left Behind By The Deceased Person's Estate?

The personal representative handles paying the debts of the deceased person's estate. 

Creditors have a limited time frame, known as the claims period, to file a claim against the estate.

The claims period lasts six months from the date of death. 

If a creditor files a claim during this time, the personal representative must pay the debt out of the estate's assets. 

If there are not enough assets to cover all the debts, the creditors will be paid on a pro-rata basis.

Clea Smith is a USA-based author on Legal issues related to estate planning, will & trust, business law, and elder law. Clea Smith does her best writing on these topics that help users to find the best solutions to their FAQ on estate planning, probate, Guide To the Michigan Probate, and more about legal family issues. Author Clea Smith can be reached through rochesterlawcenter.com