A Michigan Probate Lawyer Explains Navigating the Probate Process

by | Nov 5, 2018 | Family Law | 0 comments

Enduring the probate process, in light of the recent death of a close loved one, can be an especially emotional process. For the individual named as executor, the tasks surrounding the administration of the estate can seem tedious and endless. With the help of a Michigan probate lawyer, the doldrums of probate administration can be alleviated through the assistance and support of a legal advocate eager to help you complete this process as quickly as possible. Whether you are executor of a small estate or administering a multi-million dollar estate with an elaborate estate plan, your Michigan probate attorney can help you unravel the details, handle the tax issues and distribute assets as efficiently as possible.

Types of Estates

As your Michigan probate lawyer can explain, Michigan law classifies four types of estates: (i) unsupervised (informal); (ii) supervised (formal); (iii) estate under $21,000; and (iv) estate under $21,000 and no real property. Determining which type of estate to open will require the executor to investigate the value of the decedent’s estate property and whether its complexity requires a supervised or unsupervised probate proceeding. Your Michigan probate attorney can categorize these estates as follows:

  • Unsupervised probate: As the name suggests, this method allows the executor to proceed with the estate administration without invoking a probate judge. A Michigan probate attorney must be involved in the administration of an unsupervised probate as the court staff is not permitted to give legal advice.
  • Supervised (formal) probate: The formal probate process requires the approval of the probate judge for any major transactions involving the estate. Michigan probate lawyers know that this process is significantly longer and more expensive, but provides greater protections for heirs and beneficiaries.
  • Estate under $21,000: If the decedent passes away with an estate valued under $21,000, including real estate, no probate hearing will be scheduled and the entire estate will pass to the surviving spouse or in accordance with the laws of intestacy.
  • Estate under $21,000 with no real property: This probate practice permits the executor to close the estate 28 days after the death of the decedent, thus eliminating possible claims from creditors.

Contact an Experienced Michigan Probate Lawyer Today

The Law Offices of Christopher Trainor & Associates can offer you and your family the guidance you need during the probate process. Contact a Michigan probate lawyer today by calling 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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