Frequently Asked Questions About the Michigan Probate Process

by | Oct 8, 2018 | Family Law | 0 comments

When you first meet with your Michigan probate lawyer, you will likely have a number of questions about the probate process and how it will proceed during your time as estate administrator. The Law Offices of Chris Trainor and Associates can help you with all aspects of the probate process, and encourage you to speak to an attorney as quickly as possible following the death of your loved one.

What Is the Probate Process?

Probate refers to the process through which the court handles the distribution of property and payment of estate creditors. This involves transfers of title or deeds, liquidation of assets and satisfactions of liens or debts. Depending on the size of the estate, the probate process can be overwhelmingly complex. A Michigan probate lawyer understands the nuances of the probate code and can assist you with all aspects of this process.

What If There Is No Will?

If your loved one died without a will in place, the laws of intestacy will take over to govern the distribution of property. The laws provide for a $204,000 spousal share, followed by distributions to descendants or parents, depending on the unique situation of each family. If there are no heirs or descendants, the estate will escheat to the State of Michigan.

How Long Does Probate Last?

The probate process can be as short as a couple of months, or last for years. If the will is uncontested and no creditor claims arise, the estate can close after approximately seven months. Creditors with claims to the estate have four months from the date the probate is publicized to make a claim. If no claim is made within the statutory period, it is considered waived. If no publication is made, creditors have up to three years from the date of death.

What Are Common Reasons a Will Is Contested?

Wills are contested for a number of reasons. One of the most common will contests involves the testator’s capacity at the time of signing. If it is proven that the testator was under undue influence or did not have the mental capacity at the time of the execution, the court will invalidate the will and the laws of intestacy will supersede.

Talk to a Reputable Probate Attorney Today

The Law Offices of Christopher Trainor and Associates can assist you and your family with estate administration. Call the office today: 800-961-8477.

Christopher Trainor and Associates Featured on WXYZ

Recently Christopher Trainor and Associates was featured on WXYZ 7 Action News in Detroit regarding a client's case against the Detroit Police Department in which the client was wrongly arrested and held in jail. The full article and can be found on the WXYZ website.

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