What Should I Expect from Probate Court in Michigan?
After a loved one passes away, you will need to handle their estate through a legal process in probate court. If you’ve never gone through it before, you may be wondering about what you can expect during the estate administration process in Michigan probate court. Here’s what you should expect in the coming months, as well as how our experienced attorneys can help.
When Do You Have to Go Through Probate?
A loved one’s estate will have to go through a probate proceeding in Michigan if the decedent died with assets in their estate and did not have joint ownership of those assets with other individuals or did not make beneficiary designations to transfer those assets to other parties after their death. An estate may also require a probate proceeding if a decedent passed away with debts or other liabilities.
Smaller estates in Michigan can also avoid probate by using a small estate affidavit, which allows surviving family members to distribute a decedent’s assets without a probate court proceeding. Michigan has two types of probate proceedings. An informal probate proceeding is one in which no party disputes the validity of a decedent’s will or the distribution of the decedent’s estate. A formal probate proceeding requires litigation in probate court to resolve will contests, breach-of-fiduciary-duty allegations, or other legal claims.
Filing a Probate Petition
A probate court proceeding begins with the filing of an application for probate and the appointment of a personal representative. If the decedent left a will, the person they named as executor of their estate will typically file the application. However, if the named executor cannot or will not serve, or if the decedent did not leave a will, a close surviving relative can file the application.
Appointment of the Personal Representative
Once the probate court receives an application, it will appoint a personal representative to oversee the estate administration process. An appointed personal representative gains the authority to collect and possess the decedent’s estate assets. Sometimes, a court may require a personal representative to post a bond as financial security for losses the estate or the decedent’s heirs and beneficiaries may incur due to the personal representative’s mismanagement or misconduct. However, the heirs and beneficiaries can agree to waive the bond requirement.
Inventorying, Creditor Claims, and Court Oversight
A personal representative’s duties include gathering, inventorying, and appraising a decedent’s estate assets to determine the value of the estate and the nature of the assets. The personal representative must file the decedent’s final income tax return and the estate’s tax returns. Personal representatives also must notify the decedent’s creditors of the probate proceeding; sending or posting notice starts the period for creditors to file claims for payment.
In most cases, probate proceedings are conducted with little or no oversight from the probate court. However, a court may conduct a supervised administration, which requires a personal representative to obtain court approval for most transactions taken during estate administration.
Probate courts can also resolve various legal disputes that may arise during estate administration, including will contests, heirship claims, and creditor claims.
Final Accounting and Closing the Estate
After distributing the estate, the personal representative may complete a final accounting of their actions during the estate administration. They may also obtain approvals and releases from heirs and beneficiaries to confirm receipt of their inheritances. Once the probate court approves the final accounting, it will close the estate and discharge the personal representative from further duties.
Contact Our Probate Lawyer in the Tri-Counties Today
If you’re preparing to administer a loved one’s estate after their passing, contact Bingham Legal Group PC today for a confidential consultation with our estate administration attorneys serving the Tri-County area. We can advise you on your obligations and support you throughout the process, giving you the peace of mind that comes from knowing that experienced professionals are handling matters on your behalf.