Probate

Notice to Creditors Michigan When a loved one passes away, families experience a very difficult, emotional time.  While still grieving, they must settle their loved one’s estate. In order to do this, they must determine the estate’s assets and financial obligations. Depending on the size of the estate, this may be a tremendous task. Also, the decedent may not have proper estate planning documents in place. Consequently, many people seek the advice and guidance of an experienced estate planning attorney during this difficult time. Does Debt Go Away After Death? No. Michigan Law dictates that [...]

Michigan Law defines fiduciary relationships. This definition clearly states that in a fiduciary relationship one person must carry out their duties to benefit others.  A number of fiduciary relationships apply to estate administration. Basically, a fiduciary is a person or an institution you choose to handle your estate and carry out the terms of your will and trust. When an individual dies intestate, without a will or trust, the court may assign a fiduciary to settle financial matters. Fiduciaries include: trustees, executors, and your agents assigned as powers of attorney. Each assigned individual, or organization [...]

Probate For Real Estate Property in Michigan When someone is interested in purchasing or selling real estate, there is sometimes a question regarding who rightfully holds the title or deed to the property. This comes about usually due to a person passing away without a proper will or failing to deed a property to their heirs before passing. Without a proper will or deed from the decedent, a home cannot be legally sold, refinanced or owned by any person other than the decedent's estate. In Michigan, when this situation happens the property will be forced [...]

The Livingston County Probate Court handles cases relating to the administration of trusts and/or estates after someone passes away. This process of administering assets can be carried out regardless of whether or not the decedent had a will. Also, the court handles cases relating to the appointment of guardianships and conservatorships for minors and individuals with mental and developmental disabilities. In addition to this, the court handles cases regarding the involuntary commitment of persons with mental illness. Since the issues covered by the court are often complex, it's important to consult with a lawyer who’s experienced [...]

The Washtenaw County Probate Court is part of the Family Division of the Washtenaw County Trial Court system. This court primarily handles cases regarding the administration of estates after an individual passes away. This can be handled regardless of whether or not the deceased had a will. In addition to this the court also handles cases for conservatorships on behalf of both minors and adults, which is useful when the person is not capable of making decisions on their own or is simply too young to do so. In these cases the court may appoint a [...]

Michigan Probate Court Forms Probate is used to determine who will receive property and inheritance of a deceased individual. This court-supervised process varies for each state. In Michigan, probate is required for most estates with only a few exceptions. When going through this process, there are several important Michigan probate court forms. When someone dies in Michigan, probate is supervised in the local circuit court in the county where the individual lives during the time of death. This page gives information along with PDF examples of Michigan probate forms. Many of these examples are taken from [...]

The Purpose of a Personal Representative in Probate A personal representative is an individual approved by the court to settle an estate. This person may also be referred to as an executor/executrix or an administrator. This individual is in charge of overseeing the distribution of assets in probate court. They're also in charge of settling all aspects of an estate after someone passes away. If a decedent left a will, the personal representative should be named in that legal document. When a person passes away without a will, then the Probate Court names the personal representative. [...]

Michigan Intestate Succession Intestate succession occurs when a person dies without a written, legal document detailing how to distribute their property and assets. If a decedent passes away without a will or trust in place the estate usually goes through Probate Court. This process is both lengthy and expensive so it’s important to obtain legal council when a family member passes away without an estate plan. Each state has their own individual process to determine who inherits assets. This page focuses on intestate succession in the State of Michigan. Michigan's Laws on Dying Without [...]

Michigan Probate Rules & ProcessesProbate is a legal process used for the administration of someone's assets after death. The process for probate varies depending on which state the individual resides in at the time of death. This article will focus on Michigan probate laws.Please note, that the information found within this article can serve as a useful guide; however, it should not be considered a substitute for professional legal advice. If you have legal issues related to probate in Michigan, you should contact an attorney that specializes in this area.Table of ContentsDefinitionsMichigan Probate ProcessPassing Away With [...]

Macomb County Probate Court - What You Need To Know When a loved one dies, the process of facilitating their assets to family members can be straightforward or it can end in lots of litigation and claims. If the situation ends up going to probate, you need to understand the laws in your state and which court you need to visit to handle all these matters. You need to learn more about the Macomb County probate court so you can figure out what obligations you must fulfill and the processes you need to follow. To learn [...]

What it Takes to Probate a Will in Michigan This article discusses the process involved to probate a will, and covers other useful information regarding probate in the State of Michigan. When Someone Dies Without a Will When a person passes away without a will or trust their assets are declared intestate. This means that the state probate courts are in charge of administering the estate. This court-supervised legal process assigns a family member to gather the decedent’s assets, pay debts and taxes, and finally distribute assets to people who inherit them. Of course, [...]

What is Probate? As an experienced law firm that routinely deals with elderly clients and their families, we are often asked “what is probate?” Before answering this question, it’s important to understand that there’s a specialized court known as “probate court.” These courts deal with specialized issues relating to illness, disability, and death. Simply put, probate is a court supervised process that oversees the distribution of someone’s assets and inheritance after they pass away. This article provides a background on probate and describes various legal issues that an attorney who practices in this area deals [...]

When Is Probate Necessary? Probate is a fairly complex process; as a result, people often have many questions related to the topic. Common questions include: Is probate necessary if there’s a will? Do all assets have to go through probate? Is an attorney necessary? We will address these common questions, and provide further information below. Overview Probate is a legal process in court involving the distribution of assets from a deceased individual. This process applies to the death of any individual with an estate of any size, with or without a will in place. [...]

Oakland County Probate Court The Oakland County Probate Court hears cases involving the distribution of wills, trusts, and estates after a person passes away. Furthermore, the court also hears cases involving conservatorships, guardianships, and issues related to mental health/disability. These cases are often complicated and require a thorough understanding of laws involved with each specific issue. Probate Court Processes Several issues related to probate have their own set of processes, fees, and legal documents. To obtain information related to a specific issue, see the links below. *Please Note* Information within the links below [...]

Wayne County Probate Court The Wayne County Probate Court hears cases related to the administration of trusts & estates after a person passes away. This administration of assets can be done regardless of whether or not the deceased individual died with, or without a will. Additionally, probate courts may appoint conservatorship and guardianship on behalf of minors as well as incapacitated adults. Other issues commonly handled in probate court are cases related to mental health including: hospital care for mental illness, guardianship for individuals with mental disabilities, and more. Since these issues are often complex, it’s [...]