Does Every Death Have To Go Through Probate In Michigan? 

No, not everyone’s estate will go through probate in Michigan. Specific conditions dictate whether probate will be necessary. A skilled and experienced probate lawyer can help determine whether probate is required and walk through the process with you after the death of a loved one. 

How Does The Probate Process Work? 

When someone dies, their estate must be administered and the estate closed. Probate is the court-supervised legal process in which a deceased person’s estate is handled. Through the probate process, surviving family members are authorized to gather the decedent’s assets, settle their outstanding debts, and distribute the remainder of the estate to the appropriate heirs. Because of the possible procedural complexities of probate, it is best to work with probate administration and litigation attorneys who can help you through the process. 

Is Probate Always Required When Someone Passes Away? 

Probate is necessary if the decedent owned assets in their name (rather than jointly). Specifically, probate is required under the following circumstances: 

• The person did not have a will 
• The person died with a will but did not have a trust 
• The decedent’s family and their creditors contest the trust 

Are There Assets That Do Not Have To Go Through Probate? 

Yes. If the deceased person jointly owned assets with someone else, the assets can be transferred to the surviving owner (or owners) without involving the court. Other assets with the following conditions likewise do not have to go through probate: 

• Assets held in a trust 
• Life insurance proceeds with named beneficiaries 
• Other property with a designated beneficiary, including retirement accounts 
• Those assets which are owned as tenancy by the entirety with the surviving spouse 

Is There A Deadline To Probate An Estate? 

No. Michigan does not have a specific deadline to probate an estate. However, it is essential to act quickly to complete the probate process. By acting promptly, you can avoid any potential complications and aid the smooth completion of the process. Such complications include the possibility of assets losing value or other beneficiaries or creditors initiating the probate process if you fail to act. As such, contacting a probate attorney as soon as possible after your loved one passes is crucial to expediting the process.  

Call a Probate Lawyer Today 

Bingham Legal Group PC provides estate planning services for every stage of life. Our attorneys have more than sixty years of experience helping clients develop estate plans that provide for the financial security of their loved ones. Our firm serves the  Detroit metro area and is also available to help you if you are located out-of-state but need assistance with an estate matter in Michigan. 

As a full-service probate and estate planning firm, we offer comprehensive legal services, regardless of whether you are just starting to think about creating a will or are anticipating intense probate litigation. Our estate planning attorneys, such as JT Ayotte, stand ready to help you. Contact us onlinetoday or call us at(248) 594-1919to learn how we can assist you with your estate planning or probate needs.