If you have been named as the administrator or executor in a will, you likely have many questions about the Michigan probate process. A Detroit probate law firm can help you through the administration process in a timely and cost-effective manner. We understand the emotional toll of administrating the estate of a loved one and strive to make the process as streamlined and hassle-free as possible.
What Forms Do I Need?
Detroit probate matters are handled by the Wayne County probate court. There, you must file a number of forms, including:
PC 559: This form serves as your petition for probate and commences the proceedings. This form is also necessary if you are involved in an intestacy matter (no will) as it serves to appoint a personal representative.
PC 565: This form is used to identify potential heirs to the estate. All individuals who are descendants of the deceased person must provide their information for purposes of distribution of assets.
PC 566: This form may be necessary in certain estates. If the deceased individual left assets or property to non-heir devisees, such as a friend or charitable organization, those people are listed here.
PC 570: The administrator of an estate must promise to serve in a fiduciary role until the estate is closed. This form, which is notarized, certifies that the administrator is aware of his or her duties and maintains personal responsibility in the event the estate is administered improperly.
Do I Need a Lawyer?
It is advisable that you speak with a Detroit probate law firm prior to embarking on estate administration. This process can be complex, depending on the size of the estate and the number of heirs and devisees. If you are interested in speaking with a reputable and experienced probate lawyer, attorney Christopher Trainor has been working with probate matters for over 20 years and can assist you in the wake of the death of your loved one. Contact the Law Offices of Christopher Trainor & Associates by calling 1-800-961-8477.
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.
Michigan probate courts have the authority to administer the estate of a decedent who has died with a will (testate) or without a will (intestate), but complications may arise with regards to foreign real estate. Assets such as real estate and bank accounts located outside of the state or in different countries may not be subject to the authority of the Michigan probate courts. When you are an interested party in a decedent’s estate, you should speak with a Michigan probate attorney to find out how different legal issues may affect the administration of the estate.
Michigan Probate Lawyer Explains the Authority of the Probate Courts
A Michigan probate attorney assesses the following factors to determine if the court has jurisdiction over the assets in an estate: (1) at the time of his death, the decedent lived in the county where the court proceedings are being held; (2) the decedent resided in another state, but owned assets in the county where the estate is being administered. If either set of facts apply to the case, the appropriate probate court within the state possesses the authority to handle matters related to the decedent’s estate.
Foreign assets will be administered according to the laws in the particular state or country where they are located. The laws regarding how the decedent’s assets should be handled will vary depending on where they are located or where the decedent was domiciled at the time of death. The Michigan probate attorney can help you navigate the complex legal issues so that you can obtain the assets you are entitled to receive.
Jurisdiction of Michigan Probate Courts
According to Michigan statutes, a court with jurisdiction has the power to oversee and issue rulings with regards to different aspects of the estate. The court can appoint an executor if the decedent died intestate or if the will didn’t list the name of an executor. The court also has the ability to declare the rightful heirs and approve settlements or distribution of assets.
When a Michigan court doesn’t have jurisdiction over certain assets, that part of the estate must be resolved in the appropriate venue. Understanding your rights during probate can be particularly difficult when jurisdiction and other court-related issues affect the administration of the estate. A Michigan probate attorney has the expertise needed to effectively represent your interests during the proceedings.
Consult a Michigan Probate Lawyer
If you have questions regarding foreign assets and probate laws, speak with a Michigan probate attorney at the Law Offices of Christopher Trainor and Associates. Call us today at 800-961-8477. Our dedicated staff will be happy to assist you.
Michigan probate courts have the authority to administer the estate of a decedent who has died with a will (testate) or without a will (intestate), but complications may arise with regards to foreign real estate. Assets such as real estate and bank accounts located outside of the state or in different countries may not be subject to the authority of the Michigan probate courts. When you are an interested party in a decedent’s estate, you should speak with a Michigan probate attorney to find out how different legal issues may affect the administration of the estate.
Michigan Probate Lawyer Explains the Authority of the Probate Courts
A Michigan probate attorney assesses the following factors to determine if the court has jurisdiction over the assets in an estate: (1) at the time of his death, the decedent lived in the county where the court proceedings are being held; (2) the decedent resided in another state, but owned assets in the county where the estate is being administered. If either set of facts apply to the case, the appropriate probate court within the state possesses the authority to handle matters related to the decedent’s estate.
Foreign assets will be administered according to the laws in the particular state or country where they are located. The laws regarding how the decedent’s assets should be handled will vary depending on where they are located or where the decedent was domiciled at the time of death. The Michigan probate attorney can help you navigate the complex legal issues so that you can obtain the assets you are entitled to receive.
Jurisdiction of Michigan Probate Courts
According to Michigan statutes, a court with jurisdiction has the power to oversee and issue rulings with regards to different aspects of the estate. The court can appoint an executor if the decedent died intestate or if the will didn’t list the name of an executor. The court also has the ability to declare the rightful heirs and approve settlements or distribution of assets.
When a Michigan court doesn’t have jurisdiction over certain assets, that part of the estate must be resolved in the appropriate venue. Understanding your rights during probate can be particularly difficult when jurisdiction and other court-related issues affect the administration of the estate. A Michigan probate attorney has the expertise needed to effectively represent your interests during the proceedings.
Consult a Michigan Probate Lawyer
If you have questions regarding foreign assets and probate laws, speak with a Michigan probate attorney at the Law Offices of Christopher Trainor and Associates. Call us today at 800-961-8477. Our dedicated staff will be happy to assist you.
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.
As any probate attorney in Michigan will explain, it is vital to memorialize your final wishes in writing. If you do not execute a will, the probate court will implement Michigan’s laws of intestacy to determine how and where your property is distributed. Intestacy is a one-size-fits-all estate plan that does not take into account personal relationships, preferences or the desire to leave money to a charity. To avoid intestacy, you should meet with a probate attorney in Michigan right away.
What is Intestacy?
Intestacy rules are found in Section 700.2101, et seq. of the Michigan Code. When a person dies without a will, the court must decide how to distribute property. Unbelievably, dying without a will is not as uncommon as many people think and a number of high-profile individuals have left enormous estates to the probate court to distribute. The order in which property is distributed is governed by intestate succession:
Spousal Share: There are generally six options the court uses to determine the spouse’s share in an intestate situation. If the couple does not have children and the decedent’s parents are not alive, the spouse inherits the entire estate. If the decedent had surviving children, parents or other descendants, the court will adjust the spousal share.
Share of Heirs: If the decedent died intestate without a spouse, surviving children inherit first, followed by the decedent’s parents. Grandparents, maternal relatives and paternal relatives follow, in that order.
No Taker: If there are no heirs or claims to the inheritance, the entire estate passes to the state of Michigan.
Avoid Intestacy Today
The only way to avoid intestate succession is to execute a valid will proclaiming your wishes and stating specifically how you want your property distributed upon your death. Michigan law does not permit the disinheritance of a spouse, but you are generally free to direct the distribution of your estate as you see fit. Make an appointment with one of the preeminent probate attorneys in Michigan by calling the Law Offices of Christopher Trainor & Associates today at (800) 961-8477.
If you were named as executor in the estate of a loved one, a Michigan probate lawyer is the best resource to explain the probate process and how to begin administering decedent’s estate. If the deceased person had a will, you would begin by opening the estate in the county where the decedent lived at the time of death. This process gives the executor the authority to start acting on behalf of the estate and distributing assets in accordance with the will. Prior to distributing property, however, the executor must make certain debts and expenses are paid out of the estate corpus.
Paying Debts
Under Michigan law, debts must be paid before assets are distributed. These debts are listed in order of priority in the Michigan code and must be satisfied in the following order:
Costs to administer the estate.
Reasonable funeral and burial expenses.
Homestead allowance (otherwise known as a spousal share of $15,000).
Family allowance.
Exempt property.
Debts and taxes arising under federal law.
Reasonable medical expenses associated with the decedent’s final illness.
Other debts and taxes in order of priority as under state law (e.g., secured debts are paid first, followed by unsecured debt).
Your Michigan probate attorney will advise you that creditors have a limited amount of time to make a claim for debts. Once notice of death is posted in a public newspaper, as required by state law, creditors have just four months to make a claim against the estate. If notice is not posted in accordance with protocol, creditors have three years from the date of death.
Distributing Assets
Assets must be distributed to heirs in accordance with the will. In order for a will to be valid under Michigan law, it must be executed by one with sound mind, who is over 18 years of age and must be in writing. It must also contain a signature of the testator and at least two witnesses who saw the testator sign the document. Wills that do not comply with these basic requirements could be contested by heirs concerned with validity. For this reason, it is always best to work with a Michigan probate lawyer when executing a will.
Contact a Knowledgeable Probate Attorney Today
Attorney Chris Trainor of the Law Offices of Chris Trainor and Associates is a competent and compassionate legal advocate who can help you during this difficult time. Call his office today: 800-961-8477.
