Probate is a court process to administer the estate of a deceased individual. A personal representative, acting on behalf of the estate, identifies heirs, manages assets, pays debts, files income tax returns, files required documents with the probate court, and distributes the assets according to the terms of the will.This can be very complicated and entails multiple legal filings and many other responsibilities. Our attorneys can assist you with your Probate administration.
In cases where this is not a will, the assets are distributed in accordance to Michigan law such that the laws of the State of Michigan determine who gets what. The process may be concluded in six months, or may take years, depending on the complexity of the estate. In Michigan, probate is usually “unsupervised” – which provides a more flexible and less expensive option to administer an estate.
Small Estate: If the value of the estate is less than $23,000, a “small estate” proceeding may be a favorable option for administering the estate. A “small estate” is much less expensive than a traditional probate administration and the process may complete in a matter of weeks instead of months.
Supervised Administration: At any time, usually when an heir or potential heir expresses a concern about the administration of the estate, the court can require that the process be “supervised.” In supervised probate, every detail of administration of the estate must be approved by the probate judge.
The probate courts supervise other areas of the law as well. These include the administration of trusts and appointing and supervising guardians and conservators for children and adults who are not able to manage their own affairs.
Knowing which type of Probate case to file can save you money and time. Our attorneys can assist you with your Probate administration.