Experienced Michigan Lawyers Explain Required Steps in the Probate Process
Losing a loved one can be one of the most painful experiences you will go through. It can be overwhelming to think about probating their estate when you are coping with your grief and picking up the pieces of your life. Understanding what is involved in probating a Michigan estate and working with experienced local probate attorneys can help make the process less confusing and stressful.
The knowledgeable probate lawyers at Estate Planning & Elder Care Firm of Michigan understand how stressful probating an estate can be, especially while you are grieving. Our experienced probate lawyers are dedicated to helping make the probate process as straightforward as possible for you to navigate. We offer clear, step-by-step guidance and will assist you every step of the way.
Types of Probate in Michigan
Michigan has two primary types of probate: unsupervised and supervised. Understanding the differences between these probate processes can help you determine the best path for your situation.
Unsupervised Probate
Unsupervised probate is the most common form of probate in Michigan. It allows the estate’s personal representative, also known as the executor, to administer the estate with minimal court oversight. This process is typically faster and less expensive than supervised probate, so it’s ideal for straightforward estates where there are no disputes among heirs.
Supervised Probate
Supervised probate involves more court oversight and is often used when there are disputes among beneficiaries, questions about the will's validity, or concerns about the personal representative's management of the estate. With this type of probate, the court closely monitors the administration of the estate, and the personal representative must attend court hearings to get approval for many of the steps in the probate process. Supervised probate can provide added protection for the beneficiaries but will likely lengthen the time it takes to complete the process.
6 Key Steps in Probating a Michigan Estate
Regardless of which type of probate applies to the estate you are working with, the probate process involves six critical steps, all of which must be followed in a manner consistent with court rules and deadlines. The probate attorneys at the Estate Planning & Elder Care Firm of Michigan have experience helping clients in Livingston and Macomb Counties navigate the Michigan probate process, which includes the following steps:
- Filing a petition. The first step in probating an estate is to file a petition with the probate court in the county where your family member lived. This petition requests the court to formally appoint you as a personal representative to manage the estate. When a supervised estate is filed, the court will set up a hearing to approve your appointment.
- Sending a notice to heirs and creditors. Once you are appointed as the estate’s personal representative, you must notify all heirs and creditors of the probate proceedings. This notice provides interested parties with information about the estate and explains their right to contest the will or make claims against it.
- Filing an inventory. As the estate’s personal representative, you are also required to file an inventory of the deceased's assets with the court and provide a copy of it to the heirs. This inventory includes all property, bank accounts, investments, and other assets owned by your loved one at the time of their death. When you hire our firm to help you navigate probate, our legal team can help you accurately value these assets.
- Paying the estate's expenses. The next step you must take is to pay any debts and expenses the estate owes. This includes funeral costs, outstanding bills, taxes, and other liabilities. If you need to dispute any creditor claims, our probate attorneys can litigate their validity in probate court before you pay them.
- Distributing the assets. After all debts and expenses are paid, it is your job as the personal representative to distribute the remaining assets to the beneficiaries. You will need to transfer them as specified in the will or, if there is no will, according to Michigan's intestate succession law. Our lawyers will assist you in distributing the estate assets to ensure each beneficiary receives their correct share.
- Closing the estate. Once all assets have been distributed and all the debts have been settled, our probate lawyers will help you file a final accounting with the court and request to close the estate. The court will review this final report and, if everything is in order, issue an order to officially close the estate and release you from your duties as personal representative.
If you live in Livingston or Macomb County, working with a local probate lawyer is an ideal way to help ensure that you are able to complete all of the probate steps in compliance with court rules and deadlines. The Estate Planning & Elder Care Firm of Michigan has offices in Howell and Clinton Township, where our experienced probate attorneys can guide you through the probate process step-by-step.