Does an Estate Have to be Worth a Certain Amount to Go To Probate in Michigan? 

Under Michigan law, many estates must go through probate so assets are appropriately managed and distributed in accordance with the decedent’s will, and any outstanding debts are paid. Generally, estates valued over $51,000 may need to go through probate, depending on the nature of the decedent’s assets. An experienced probate attorney can determine whether an estate must be probated and walk you through the process.  

What Is Probate? 

Probate is a court-supervised process used to ensure that someone’s assets are managed and their debts are paid upon their passing. Any remaining assets are then distributed according to the decedent’s will or state law if they did not have a will. Because disputes may arise during probate, it is best to contact an experienced probate attorney as soon as possible after your loved one’s death to guide you through the process.

What Assets Do Not Have To Go Through Probate? 

In Michigan, certain assets can typically avoid probate, including the following: 

• Joint ownership – If the decedent jointly owned property, such as a house or bank account, and the ownership included a right of survivorship, the property can be directly transferred to the survivor (usually a spouse) without going through probate. 
• Living trusts – Depending on how the individual structured their estate, they may have a trust. The assets in the trust will likely not be required to go through probate. 
• Beneficiary Designations – If the decedent has insurance policies, bank accounts, and retirement accounts for which they designated beneficiaries, these assets will bypass probate. 

Can Smaller Estates Avoid Probate?

Yes, estates with a value of less than $51,000 (after payment of the decedent’s funeral and burial expenses) can follow a simplified procedure of transfer by affidavit if the following conditions apply: 

• The estate’s value (less liens and encumbrances) does not exceed the small estate threshold for the year the decedent passed away.
• The estate does not include real property.
• At least twenty-eight (28) days have passed since the decedent’s death.
• There is no pending or approved application or petition for the appointment of a personal representative.
• A petition for assignment has not been filed.
• The successor is entitled to payment or delivery of the decedent’s property.
• The Affidavit of Decedent’s Successor contains the names and addresses of anyone entitled to a portion of the decedent’s property, specifically listing the portion to which they are entitled.

Contact Bingham Legal Group PC Today 

At Bingham Legal Group PC, our attorneys have over sixty years of experience assisting clients in establishing estate plans tailored to their needs. Serving the Detroit metro area and available to help those out-of-state with estate matters in Michigan, we are well-equipped to handle all your estate planning, probate, and probate litigation needs. 

We know how difficult it can be to handle the loss of a loved one. We are here to help every step of the way. Let an experienced attorney, including Lauren M. Underwood, past Chair of the Probate and Estate Planning Council of the State Bar of Michigan, assist with your case. Contact us online or call our office at (248) 594-1919 today.