is probate necessary?
Depending on how your loved ones' assets and property are titled at the time of their death, some or all of their estate may have to go through probate. If the assets are jointly held and there is a right of survivorship, such as with joint bank accounts or the family home, they will pass directly to the joint owner.
how the probate process works
Every personal estate is unique, the probate process will differ slightly from one person to another. In general, however, the process in Michigan for an unsupervised estate is as follows:
- An application is filed with the proper probate court to open the estate and appoint a personal representative.
- A notice is issued to heirs named in the Will or to statutory heirs if no Will exists.
- The personal representative conducts an inventory and appraisal of estate assets.
- Any debts held by the estate are paid to rightful creditors.
- Estate assets are sold, if necessary.
- Estate taxes, if applicable, are paid.
- Assets are distributed to heirs.
It can take anywhere from a few months to over a year to probate a simple estate, but complications can arise.
how to avoid probate
Once your loved one is gone, there is no way to avoid probate. However, working with an experienced probate attorney can take a lot of the hassle off your plate so you can grieve and support your family at this difficult time.