What Steps Should Adult Children Take When They Need to Open Probate for a Parent in Michigan?

After the death of a parent, adult children may need to open probate proceedings to administer their loved one’s estate. Probate is the court-supervised process used to distribute a deceased’s assets. Understanding how probate works and the steps you need to take could make it quicker, easier, and less stressful for you and your family.

Our law firm’s probate attorneys in Bingham Farms serve clients in the Detroit Metro area, the Tri-County area, and in Washtenaw, Livingston, St Claire, Jackson, Lansing, and Grand Traverse Counties. We could help you open probate for a parent in Michigan and guide you through the process.

There Are Three Types of Probate You Can Open in Michigan

The first step in opening probate is determining the type of probate process the estate should go through. There are three different probate options in Michigan:

• Simplified probate – Some estates, usually those worth around $50,000 or less, may go through simplified probate. There is little to no involvement of the probate courts in simplified probate. The drawback to simplified probate is that the deceased’s assets pass according to Michigan’s intestate laws, not the deceased’s will, even if they had one.
• Informal probate – Informal probate proceedings occur before a probate register, not a judge. It is a simpler process than formal probate, but it can still be complex.
• Formal probate – Formal probate happens before a judge. It is often the best choice for large or complicated estates. Formal probate may also be necessary if there is a dispute over the estate or if you need to appoint a personal representative.

What Are the Steps in the Probate Process?

Our firm’s estate planning lawyers in Bingham Farms could help you navigate probate for a parent in Michigan. We could assist with the following steps:

File a Petition in Probate Court

First, you will need to select a personal representative to administer the estate and handle probate proceedings. The deceased’s will will often name a representative. If not, you must select someone and petition the court for their appointment.

To open probate, you will need to file a petition in probate court in the Michigan county where your parent resided at the time of their death. If your loved one has a will, you will file this along with the petition. After filing, the court will usually send a letter of authority to the personal representative authorizing them to act on behalf of the estate.

Inventory the Estate

You must inventory your parent’s estate and determine which assets must go through probate. These assets are those solely owned by the deceased and may include:

• Real estate
• Vehicles
• Items of significant value, such as art and antiques
• Bank accounts

Jointly owned property and accounts, accounts with named beneficiaries, and assets held in trusts usually are not part of probate.

Pay Taxes, Debts, and Other Expenses

You must notify any creditors of your parent’s estate about their passing. You must also pay any taxes, debts, or administrative expenses the estate owes.

Distribute the Estate

After fulfilling any financial obligations of the estate, the personal representative can distribute any remaining property to the beneficiaries. Distribution occurs according to the deceased’s will. If there is no will, assets pass according to intestate laws.

Close the Estate

Once the personal representative has paid the estate’s accounts and distributed the assets, they will file everything with the court for approval. After the court approves the estate’s administration, the estate is officially closed.

Contact Bingham Legal Group PC Today

Bingham Legal Group has over 60 years of combined legal experience helping clients develop comprehensive estate plans. We could assist you through estate administration after the death of a parent in Michigan. We could also help you make a plan to protect your estate or the estate of someone you love.

Contact us today for more information about working with our lawyers in Bingham Farms.