What Are The Factors That Actually Set The Stage For Probate To Occur In Michigan?
The conditions that would set the stage for probate to occur would be a resident of Michigan dies with probate assets. In other words, assets that are titled in their name alone that do not have a beneficiary designation to them would be cause for probate.
Are There Options For Avoiding Probate In Michigan? Does It Need To Be Avoided?
There are options to avoid probate. A trust that is drafted and funded properly can avoid probate. There are also other methods, such as retitling your assets and property to ensure that beneficiary designations are in place could have the potential to avoid probate. People often have negative connotations with probate, and sometimes, it’s through their own life experiences.
Depending on the situation, probate can be a very unwelcoming experience. But, it doesn’t have to be as long as you have the right person by your side. There is often a longer period of time to administer an estate if it’s subject to probate, and there can be unknown legal fees tied to it. If you have an attorney, and there are any types of disputes between creditors or family members, it can become quite costly and time-consuming. But again, depending on your family situation, it doesn’t mean it has to be an arduous process. Sometimes, an estate plan that’s drafted with the knowledge that there will be probate at the end of it, doesn’t necessarily mean it’s going to be a horrible experience. It just means that you fall under the probate laws in probate court, and so, there are certain legal obligations we have to go to probate court.
Can Someone Realistically Try And Navigate The Probate Process On Their Own?
People could realistically navigate the process on their own. However, I always recommend to individuals who don’t possess the legal knowledge that it’s better off having an experienced attorney helping them and advising them on how to navigate the process.
How Long Do We Have To Probate An Estate In Michigan? Is There A Certain Timeline That Needs To Be Met? What Happens If We Don’t?
A probate estate can be opened at any time. One of the factors for probate is whether there are assets or property that are owned by an estate of an individual. Oftentimes, there may be property or assets that are unknown to family members or other interested parties that may come up years down the line. But ultimately, in order to transfer any assets or property out of an estate, a petition has to be filed and a probate estate opened. Again, an individual has to become a personal representative in order to pass those assets or property out of the estate.
So, there really is no timeline. Usually, people know right away when an individual passes away, especially if it’s a family member, whether something needs to be probated. It usually shows up right away. But sometimes, when an individual doesn’t have a lot of family, or there is a belief that the individual didn’t own any property or assets upon death, family members could realize later down the line that they in fact did have property or assets, and so, the need to probate would arise.