Probate Administration

It can be difficult to navigate the many emotional and legal challenges that arise when a loved one passes.  A probate estate may need to be opened with the probate court to legally transfer assets in the decedent’s sole name and to settle the rest of his or her affairs. If this occurs, seeking thorough legal counsel is encouraged to work out matters efficiently and securely.

A probate estate may be supervised or unsupervised, formal or informal, all depending on a number of factors.  Also, Michigan has created an abbreviated probate process for cases in which the total value of all probate assets does not exceed a dollar amount set by statute and adjusted annually for inflation.

No matter what type of probate process you are involved in, the same basic concepts apply.  Someone is named by the probate court to be the Personal Representative of the estate.  Sometimes referred to as the “executor,” the Personal Representative has the authority and duty to gather all the decedent’s probate assets, pay all necessary debts and expenses, and distribute the assets to the applicable heirs (if there was no Will) or the persons designated in the Will (if there was one).  If the decedent did not have a Will, the applicable heirs are determined according to Michigan statute.  The Personal Representative is also responsible for filing an inventory with the probate court that lists all the decedent’s probate assets and their values as of the date of the decedent’s death.

Legal counsel is highly recommended for those who have never undergone the process before, as the required paperwork can be complicated, and there are many deadlines to which the personal representative must adhere.