Binghamlegal group
248-952-8783 888-794-3433

Is probate always necessary?

The personal representative of your deceased spouse is responsible for administering the Michigan estate. However, there are many assets that may pass on to you that do not require the PR's involvement. 

According to the State Bar of Michigan, if you are named as beneficiary on a life insurance policy, IRA or pension, for example, those assets would go directly to you and bypass probate. If you and the decedent jointly owned properties and your name is on the deed, title or account, those would still be your assets, so probate would be unnecessary in this case, too. Any properties that are included in a trust would be administered by a trustee, rather than becoming the responsibility of the PR. 

If there are no probate proceedings, other assets may pass to you as the spouse. These include the following:

  • Income tax refunds
  • Boats and other watercraft, if the value combined is less than $100,000
  • Cars, trucks and other vehicles, when the total value of all vehicles owned is less than $60,000
  • Clothing and cash under $500 held by a long-term care facility, hospital, morgue or law enforcement agency
  • Unpaid wages
  • Personal property under $15,000 in value

You may also be able to redeem any travelers checks your spouse owned. 

Typically, to have titles transferred or to claim property, you will need an affidavit indicating your relationship to the deceased as well as a death certificate. Other forms or processes may be necessary, depending on the circumstances. This information about probate is for educational purposes only, and should not be interpreted as legal advice.

No Comments

Leave a comment
Comment Information

proper representation is important.schedule a meeting to review your case andlearn more about how we can help you.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

have you already made an appointment?review our address information and get driving directions to our location.

Bingham Legal Group PC
30100 Telegraph Road, Suite 360
Bingham Farms, MI 48025

Fax: 248-642-3207
Bingham Farms Law Office Map

Phone: 248 952 8783
Toll Free: 888-794-3433
Contact the Team

Review Us