Common Steps In The Probate Process In Michigan

Processing the loss of a loved one is already difficult, but the burden becomes heavier when you must handle their estate. You are not alone in this journey. Robert D. Paulbeck, Attorney at Law, is here to guide families throughout Wayne, Oakland, Macomb, Monroe and Washtenaw counties. Here is how probate works in Michigan.

Opening The Probate Estate

Initiating the probate process starts with filing a petition with the court in the county where the deceased resided. The appointed personal representative or executor must include the original will and death certificate of the decedent with the petition.

Appointing The Personal Representative

Usually, a decedent names a personal representative in their will. If this is you, you are responsible for opening and administering the probate process. The court will give you the Letter of Authority after a successful petition, giving you the right to manage the estate. If the decedent named no one, the court will appoint the surviving spouse, beneficiaries under the will or other heirs.

Inventorying Assets And Estimating The Estate’s Value

An estate inventory is a crucial step in the probate process. The personal representative must file or provide Form PC 577, which should list all of the decedent’s assets. All assets owned must have fair market values as of the date of your loved one’s death.

Paying Debts, Final Expenses And Taxes

Before a personal representative can distribute the assets to the beneficiaries, they must first settle the decedent’s existing debts. They must notify known creditors and publish a notice in a local newspaper to inform unknown creditors.

If their assets are insufficient to cover all claims, Michigan law mandates a specific hierarchy for payments. Following this order is vital to avoid legal consequences.

Distributing Assets And Closing The Estate

After paying all debts, the personal representative may now distribute assets according to the decedent’s will. If there is none, an intestate succession in Michigan applies. The manner of distribution depends on whether or not you have a spouse, children, parents and other close relatives.

How I Can Guide You Through The Michigan Probate Process

Following the steps of probate in Michigan requires attention to detail. If you are the personal representative, you could face legal complications for making a mistake. To lessen that burden, I can be your Michigan probate attorney. My goal is to ensure that you carry on with your fiduciary duties correctly.

For over 30 years, I have helped grieving families administer various kinds of estates. You may schedule your free consultation at my Trenton office by calling 734-800-2699 or filling out a detailed form.