Probate

When a loved one passes away, the family they leave behind will have to go through the probate process. Ideally, this will be a smooth, if slow, paperwork procedure to see the last wishes of your loved one realised.

Unfortunately, probate can sometimes also become a complicated, stressful source of family conflict and economic loss that mars the legacy of your loved one. Sometimes, even when they have left a will, there can be some ambiguity about how your deceased loved one wanted to pass on their assets.

To help avoid this or to safely navigate your way through probate court, it may be necessary to work with an experienced estate planning and probate lawyer.

What Is Probate?

Probate is the legal process by which the assets of a deceased person (the decedent) are distributed to their heirs and designated beneficiaries. It is also the process during which any of their remaining debts to their creditors will be paid off. In both cases, heirs and creditors will be paid from the deceased’s estate, which is the sum of their assets and property (with some important exceptions).

The person responsible for managing these payments and other legal procedures during the probate process is called the Personal Representative. This is usually someone named in the deceased’s will, or a family member chosen by Michigan law if the deceased did not have a valid will.

Usually, estate property is distributed according to the decedent’s will, if there is one, or in accordance with state law if no will exists.

Step By Step: What To Expect During The Probate Process

No two probates will be identical, but most in Michigan will follow the following steps:

1. At the beginning of the probate process, you will have to file a will with the probate court, which then has to be proven valid or deemed invalid.
2. If no valid will exists, the court will instead confirm the identity of the deceased’s heirs.
3. After that, an accounting of the decedent’s assets is reported to the court.
4. During this time, any creditors are allowed to make claims against the estate for debts they were owed.
5. Debts are then paid to the creditors, assuming there are enough non-exempt assets.
6. The remaining assets are distributed according to the will or by state law if no will is present.

Throughout this process, several hearings may be required, especially if there are any challenges or complications, such as a conflict between heirs or difficulty selling real estate property.

Do I Need To Go Through Probate?

If you are settling an estate for the first time, on top of dealing with grief at the loss of a loved one, it is only natural to worry about what you will have to do and how complicated the process will be.

In Michigan, the probate process can seem intimidating at first, but it does not have to be frightening or drawn-out. Many estates can be probated in a timely and cost-efficient manner.

In Michigan, there are three categories of probate:

1. Simplified Probate – This very basic version of the process is shorter, cheaper and less complicated, but is only available for small estates with limited wealth and assets.
2. Informal Probate – This procedure is done in front of a court register rather than a judge, and might have a few fewer steps and complications.
3. Formal Probate – This full probate procedure is done in front of a Michigan probate court judge, and is best suited for complex probates or any involving conflicts or challenges.

While it is rarely possible to avoid probate entirely, it is absolutely possible to prepare your own estate to limit the burden of probate proceedings on your family or loved ones.

How Can I Avoid Probate In Michigan?

Many of our clients come to us asking if the probate process is necessary, and they want to know if there is any way to avoid it for their own estates.

The answer usually depends on many factors:

• Whether you have a valid will.
• Any complications with your heirs (blended families, in particular, can cause problems).
• The nature of your properties and other assets.
• The complexity and size of the estate.
• The ownership of the assets (joint assets can often skip probate)
• Whether there is a revocable living trust or other relevant trusts involved.

Trusts, in particular, are a potent estate planning tool for avoiding the probate process, as they hold and distribute assets according to your wishes after your death without passing through the probate court proceedings.

Further Information:

• What Are The Factors That Actually Set The Stage For Probate To Occur In Michigan?

Prepare For Probate With Our Help

Whether you are looking to avoid probate for your family or legacy, or just need help and guidance probating the estate of a recently passed loved one, we would be proud to help.

As your probate lawyer, Brandon Wagner will guide you through the estate planning process to optimize your own estate for probate, or walk you through Michigan probate to reduce the burden on you and your loved one’s legacy.

If you need an experienced probate attorney, please call or contact us today to schedule your complimentary consultation.