West Bloomfield, MI, Probate Attorney

The grief after losing a loved one is incomparable, and legal matters can only add to the frustration and feelings of loss. Dealing with estate probate in the aftermath of a death is draining and anxiety-inducing, especially if the deceased passed away unexpectedly without a will.

If your loved one has recently passed, the probate and estate planning attorneys from Bingham Legal Group PC are here to assist. We understand the difficulties of losing a cherished person and can help you navigate the probate process effectively and efficiently. Whether you have been named as an executor in the deceased’s will or wish to be appointed one by the court, we can provide critical legal and administrative support during your difficult times. Contact our offices today to speak to a probate attorney serving West Bloomfield, Michigan.

What Is Probate?

Probate is the legal process of settling a deceased person’s estate, which consists of validating their will and addressing obligations to creditors. When a person dies in Michigan, the state must validate their assets and ensure any outstanding debts are paid before distributing the assets to any heirs.

The exact contours of the probate process depend heavily on the specific estate, but it can be divided into several general steps:

• Inventory and Appraise the Deceased’s Assets – After filing a petition for probate, the court will appoint a personal representative if one is not stated in the will.
• Settle Debts with Creditors – Michigan law gives creditors priority when settling an estate, so they can claim the value of outstanding debts.
• Pay Outstanding Taxes – The deceased’s estate may still owe taxes, or the state may have to pay federal inheritance taxes.
• Distribute Assets to Heirs – During probate, the court executes the deceased’s will to distribute assets to the named beneficiaries.

Do I Need an Attorney for Probate in West Bloomfield?

The short answer is yes. Probate is an involved and technically complex process, so an attorney can be an invaluable asset. Errors in probate can lengthen timelines and incur higher costs, which can take away from beneficiaries’ inheritance.

An attorney can help you meet all probate legal requirements and provide guidance and advice. They can also handle the administrative aspects of settling an estate, such as:

• Locate, catalog, and appraise the deceased’s assets
• Notify creditors of the deceased’s passing and settle outstanding debts
• Managing life insurance policies and other payouts
• Preparing and sending tax returns to the IRS
• Resolving disputes between beneficiaries and will contests
• Facilitating the distribution of the deceased’s assets
• Closing the estate with the probate court

Probate is challenging, and disputes and disagreements can turn family members against one another. A probate attorney can help with various aspects to streamline the process to produce as little friction as possible.

Challenges in the Probate Process

Any number of challenges can present themselves during probate, but our attorneys can provide solutions.

Difficulties Locating and Appraising Assets

Certain assets, such as vehicles, collectibles, and other personal possessions, might be difficult to locate or appraise in value. Estate administration can also be more complex if the estate contains foreign investments or real estate.

Disputes Between Beneficiaries

Beneficiaries named in the will can dispute inheritance designations or the validity of the will itself. This may be the case if a named heir doesn’t receive the inheritance they are expecting or if an individual is left out of a will. 

Unexpected Creditor Obligations

Heirs can be caught unprepared if an unexpected creditor arises and makes a substantial claim. Claims can deplete inheritance assets, reducing the amount that beneficiaries can receive.

Opportunities to Simplify Probate in West Bloomfield

Probate can be a lengthy and drawn-out process, but Michigan offers a few simplified probate methods for estates under a specific value. These simplified probate processes may be ideal if the deceased left behind a small estate with few assets.

The first is applying for a court order to distribute assets. The deceased’s surviving spouse or one of their heirs can request a court order if the value of the estate is less than $50,000 after paying for funeral and burial costs.

The second is to collect personal possessions via affidavit. One of the defendant’s heirs can file an affidavit and present it to the court if:

• The estate is valued at less than $50,000 and
• The estate contains no real estate

Both of these simplified processes can help you avoid probate. There may also be the option for a summary administration, which can help skip parts of probate if the value of the estate doesn’t exceed specific allowances and expenses.

Why Choose Bingham Legal Group PC as Probate Attorneys

The attorneys at Bingham Legal Group PC have over 60 years of collective experience providing comprehensive estate planning and probate administration services for clients in West Bloomfield and Eastern Michigan. We are known in the community for our trusted guidance and innovative solutions for legal problems.

We emphasize providing highly personalized services to our clients. As a smaller firm with a team-focused approach, we can bring the efficiency of a larger firm with a more familiar feel. Our attorneys understand the difficulty of processing the death of a loved one and will work to reduce the strain on you. Probate proceedings can bring great uncertainty, but we can bring clarity.

FAQs About Probate in West Bloomfield, Michigan

Below are some common questions we receive about probate law and related processes in Michigan.

How long does probate take in Michigan?

In an ideal scenario, probate in Michigan takes just a few months. However, the circumstances of the estate can extend the timeline for several months or even years. This may be the case with estates that have a substantial number of creditors or disputes among beneficiaries.

Do all assets have to go through probate in Michigan?

Only assets that are in the deceased’s name alone are required to go through probate in Michigan. This excludes assets like:

• Assets that are owned jointly
• Assets with a named beneficiary (e.g., retirement accounts, life insurance, etc.)
• Assets held in a living trust

What happens to probate assets if the deceased has no will?

If the deceased had no will, the probate court distributes assets according to Michigan’s laws of intestate succession. These laws prioritize distributing assets to surviving children, spouses, and parents.

How much does probate cost in Michigan?

Probate costs can vary significantly, depending on the specifics of the estate. Expenses can include filing fees, appraisal fees, court costs, and attorneys’ fees. Many of these costs can be paid directly from the deceased’s estate.

Contact our West Bloomfield Probate Attorneys Today

Without professional help, you might be at a loss for how to proceed after the death of a loved one. Bingham Legal Group PC can take the burden off your shoulders and give you direction to settle the deceased’s estate and find closure. We are proud to provide representation for everyday Michigan families who need help managing their legal affairs. We are more than just another law firm – we are a partner you can rely on as lawyers for life. Contact our office online or call today for a case consultation with a probate attorney serving West Bloomfield, Michigan.