A Brief Description of the Probate Process
First and foremost, the probate system was developed to collect the assets of decedents, satisfy creditors, pay taxes, resolve conflicts among beneficiaries, and distribute what is left to the appropriate persons or institutions.
Probate is not always necessary, so contact us to determine whether probate will be required.
Properties subject to probate include those owned solely by the decedent or held as tenants in common. The probate process begins by filing a petition in the probate court in the county where the deceased resided.
If there is a valid will, it typically names a personal representative (also called an executor) to handle the estate. If there is no will, Michigan law will determine who may serve as the personal representative.
The personal representative will:
Notify interested parties
Publish a notice to creditors
Inventory and appraise the estate
Pay valid debts, taxes, and final expenses
Distribute the remaining assets to beneficiaries or heirs
Probate can be time-consuming, public, and costly. Tools like revocable trusts, joint ownership, beneficiary designations, and ladybird deeds can help keep your estate out of probate court.
Contact us today to create a personalized estate plan that protects your assets and gives your loved ones peace of mind.
Phone: 248-890-2832
Email: info@shinalawpllc.com
Disclaimer: The information provided on this blog is for general informational and educational purposes only and is not intended as legal advice. Reading this blog or interacting with its content does not create an attorney-client relationship. Laws and regulations vary by jurisdiction and can change frequently. You should not act or rely on any information here without first consulting a licensed attorney in your jurisdiction regarding your specific legal needs or situation. If you have questions or need legal assistance, please contact our office directly.
