Everything You Need To Know About The Michigan Probate Process
Posted by smith clea on August 31st, 2022
The probate process in Michigan can be intimidating, especially when you’re not familiar with it or don’t understand it.
To help you better understand what to expect, we’ve outlined the process below so that you can be prepared and know exactly what to do if someone close to you passes away.
We hope that by going through this process, you’ll feel more confident when it comes time to make decisions about your loved one’s estate.
What Does Probate Mean?
Probate is the legal process of settling an estate after someone dies.
The process includes collecting and valuing the deceased person's assets, paying debts and taxes, and distributing the remaining assets to beneficiaries.
The Michigan probate process can be complex, but understanding the basics can help make it less daunting.
Who Should Probate An Estate?
In Michigan, the probate process is overseen by the probate court.
The court will appoint a personal representative to administer the estate.
The personal representative is responsible for collecting the assets of the deceased, paying debts and taxes, and distributing the remaining assets to the beneficiaries.
If there are no beneficiaries, the assets will be distributed according to Michigan law.
What Is An Executor?
An executor is a person who is appointed by the court to manage the estate of a deceased person.
The executor's duties include paying debts and taxes, distributing assets, and making sure that the will is carried out.
The probate process can be complicated, but an experienced attorney can help make it as smooth as possible.
Does It Matter Who In My Family I Choose As An Executor?
In Michigan, the executor is typically the person named in the decedent's will.
If there is no will, the court will appoint an administrator.
The duties of an executor are many and varied, so it's important to choose someone you trust who is up to the task.
That said, anyone over the age of 18 can serve as an executor, so long as they are not currently incarcerated.
Is There A Cost To Being Appointed As Executor?
While there is no cost to being appointed as executor, there are certain fees associated with probating an estate.
The court will charge a filing fee, and there may also be fees for publication and for hiring an attorney.
Executors are also responsible for paying any debts of the deceased, including taxes.
Will I Have To Hire A Lawyer Or Pay Fees?
The probate process in Michigan is overseen by the court system, and you will likely need to hire a lawyer to help you navigate it.
There are also filing fees that must be paid to the court, which can vary depending on the size and complexity of your estate.
Can Someone Contest My Will / My Executor’s Actions?
While it is not common, there are situations where someone may want to contest your will or executor’s actions.
If this happens, it is important to have an experienced probate attorney on your side to help you navigate the process and protect your interests.
What Can I Do If There Are Disagreements Over How My Estate Should Be Distributed?
If you find yourself in the middle of a probate dispute, there are a few options available to you.
You can try to mediate the situation with the help of a neutral third party, or you can take your case to court.
In either scenario, it's important to have an experienced probate attorney by your side to help you navigate the process and protect your interests.
About The Author
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 attorney, probate, living trust vs will, and more about legal family issues.
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About the Authorsmith clea
Joined: February 6th, 2020
Articles Posted: 91
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