Let Us Help You Navigate the Probate Process to Settle Your Loved One’s Estate
If you’ve recently been named the personal representative of a loved one’s estate, you’ve been entrusted with an important responsibility. One of your first tasks will be starting the probate process —making sure all assets are identified, debts are addressed, and everything is distributed according to the will or Michigan law before the estate can be closed.
Probate can involve many steps and, at times, unexpected complications. The good news is, you don’t have to face it alone. Our experienced probate attorneys will answer your questions, guide you through each stage, and help you avoid mistakes that could lead to delays or even legal disputes. We’re here to make the process as smooth and stress-free as possible, so you can focus on honoring your loved one.
About Probate
Probate is the court-supervised process of transferring a person’s assets after they pass away. The court ensures that everything is handled according to the person’s will—or, if there is no will, according to Michigan’s “law of intestacy,” which determines who inherits.
While probate applies to many assets, not everything a person owns has to go through this process. Certain types of property can pass directly to beneficiaries without court involvement, depending on how they’re owned or titled. Knowing which assets are included—and which are not—can make the process faster, smoother, and less stressful for everyone involved.
Assets that don’t go through probate include:
- Bank accounts, retirement accounts, life insurance proceeds, and other assets with a named beneficiary designation
- Property owned in joint tenancy or with a spouse as tenancy by the entirety
- Assets held in a revocable living trust
If a person’s estate is “small” (as defined by Michigan law), the full probate process may not be necessary regardless of the type of assets owned. Michigan offers a simpler procedure for small estates with a value of less than about $50,000 after funeral and burial costs are paid or estates that are only large enough to cover certain final expenses related to the decedent’s last illness, the family allowance, the homestead allowance, and certain additional qualified expenses. An estate planning attorney can help you determine if your loved one’s estate requires the full probate process.
Steps Involved in Probate
While no two estates are the same, a “typical” estate often requires the person handling the settlement to perform the following duties:
- Locate and file the deceased person’s will with the probate court
- File necessary documents with the court
- Locate, inventory, close, and transfer personal assets and accounts
- Appraise the value of all assets
- Notify all known creditors of the estate and publish to unknown creditors
- Make payments to creditors and obtain creditor releases
- Process and obtain any life insurance death benefits
- Secure the deceased person’s home and tangible personal property
- File tax returns (federal and Michigan)
- Pay estate taxes (if any) and the deceased person’s final personal income taxes
- In certain cases, obtain tax releases and closing letters from the IRS, local courts, and state taxing authorities
- Make specific bequests, together with distributions, to beneficiaries
- Provide detailed accounting to the local court and beneficiaries and probate court
Associated Costs
The probate process can involve a number of different expenses. In Michigan, probate costs commonly include:
- Filing fees, publication fees, and inventory fees that are based on the value of the estate
- Appraisal fees to determine the value of different types of assets
- A fee for the personal representative to compensate them for the time and effort involved in the process
- Attorney fees for legal assistance with the various probate steps
Fees for probate are paid out of the estate. If expenses arise before the personal representative has been able to create a bank account for funds from the estate, they may need to pay expenses out of pocket and seek reimbursement at a later date.
Timeframe to Complete the Probate Process
The time that is necessary to complete the probate process will vary depending upon the number of creditors and heirs as well as the type of assets contained in the estate. However, most uncontested Michigan estates are able to complete probate within six months to nine months after the personal representative has been appointed.
Reasons probate may take more than nine months:
- The estate is large enough to owe federal estate tax.
- The will is being contested in court or heirs are otherwise causing problems.
- Your personal representative is not doing his or her job efficiently.
Trust Administration in Michigan
If you’ve been named the trustee of a loved one’s trust, you’ve been given an important responsibility. Trust administration is the process of carrying out the instructions in the trust—making sure assets are properly managed, expenses are handled, and distributions are made according to the trust’s terms.
While trust administration is generally less time-consuming and more private than probate, it still involves important legal and financial duties. Michigan law requires trustees to act in the best interests of the beneficiaries, keep accurate records, and follow the instructions set out in the trust agreement.
The good news is, you don’t have to handle it all on your own. Our experienced trust administration attorneys can walk you through each step, answer your questions, and help you avoid common mistakes that can lead to disputes or delays. We’re here to make sure the process is smooth, efficient, and fully compliant—so you can focus on honoring your loved one’s wishes.
Get Help Now
We can handle the probate process for you from beginning to end so that you and your family can focus on what is most important—coming to terms with your grief.
Contact us today to discuss how we can help you settle your loved one’s estate in the most efficient manner possible. Consultations are available at our Howell offices or anywhere in Michigan virtually.