In a previous article for this site, we wrote about the importance of taking care to thoughtfully organize, store, and safeguard your estate planning documents when you have the chance. This includes coming up with a plan to keep your will, trust, powers of attorney, and burial documents safe from displacement, damage, or theft — while ensuring that your family or trusted advisors will be able to access those critical documents when the time comes. 

In this post, we wanted to explore a common situation that family members and fiduciaries may encounter on the flip side of the coin — accessing a decedent’s safe deposit box following their passing. 

Opening a Decedent’s Safe Deposit Box

There are a number of vital reasons why one may need to access a decedent’s safe deposit box. For one thing, many individuals do ultimately choose to store crucial estate planning paperwork in a safe deposit box to protect it during their lifetimes. In other cases, safe deposit boxes may contain financial records or even personal property that must be accounted for and inventoried as part of the estate administration process. 

Michigan law makes provisions for the opening of a safe deposit box following a death. Different procedures exist for interested persons, fiduciaries, and surviving joint lessees. 

*Please note that this article will only reference the procedures that apply for decedents who passed after September 30, 1993. To discuss the proper procedures for individuals who died prior to October 1, 1993, we encourage you to contact an experienced Michigan probate attorney to discuss your individual circumstances in more depth.  

All Interested Persons

An interested person -— which might include an heir, devisee, child, spouse, creditor, beneficiary, or any other person that has a property right in or claim against the estate of the decedent — can petition the court to open a safe deposit box leased to the decedent by a safe and collateral deposit company, trust company, corporation, bank, or other institution. 

The petitioner must have reason to believe that the safe deposit box may contain a will or a deed to a burial plot in which the decedent is to be interred, and the safe deposit box must be located in the county in which the probate court has jurisdiction.

In such a situation, the court may issue an order directing the institution to permit the interested person to examine the safe deposit box in the presence of an office or other authorized employee of the institution. 

If a paper purporting to be a will of the decedent or a deed to a burial plot is found in the box, the person named in the order must deliver the will or deed to the probate register, who will then furnish a receipt. 

Any item contained in the safe deposit box other than the will or deed cannot be removed from the safe deposit box. All individuals in attendance at the time the box is opened must execute a written statement certifying whether a will or deed to a burial plot was found, and that no other items were removed. This statement must be delivered within seven days after execution to the probate register.

Before the court enters an order, a fee of $10.00 must be paid to the probate register. If the decedent’s estate is administered in a probate court in the state, the party making payment of the fee may file a claim in the estate for that amount, which would be charged as a cost of administration.

Estate Fiduciaries

An appointed fiduciary such as a trustee or personal representative may open a decedent’s safe deposit box and remove its contents However, if the safe deposit box is jointly leased, then the fiduciary may only examine the safe deposit box in the presence of an officer or another authorized employee of the institution.

At the time of the opening of the safe deposit box, all individuals in attendance must execute a written statement certifying as to what, if anything, the fiduciary removed from the box. The fiduciary must serve a copy of that statement to the other joint lessees within seven days of removing the items.

Surviving Joint Lessees

Broadly speaking, if the safe deposit box was leased jointly, any surviving joint lessee will continue to have full access to the safe deposit box after the passing of the decedent. 

Because of the ease of access and lack of restrictions, it is often advisable to name a joint lessee on your safety deposit box while you have the opportunity — so that your spouse, child, or a trusted representative can access the contents of the box and move forward with estate administration swiftly and confidently. 

Get the Answers You’ve Been Searching for from Michigan’s Probate Experts

If you want to ensure your final wishes are carried out, legal help from our experienced probate and estates attorney Dean E. Patrick can make it happen. Getting guidance from an attorney is the first step in making sure your possessions and the people you care about are taken care of when you’re gone.

And if you are a trustee, personal representative, or otherwise involved in the administration of an estate, last will, or trust, you probably have questions. We can provide informed professional advice to guide you through the legal process, explain your legal obligations as a fiduciary, and help you discharge your duties in an efficient and expedient manner to avoid personal liability.

Whether you have decided it’s time to plan for your family’s future or you have any probate-related issue that has interrupted your life, you and your family can rest assured knowing that our office is handling your matter with the professionalism and expertise it deserves. 

Our meeting schedules are flexible in order to accommodate your needs, and we work hard to discuss these difficult matters in terms that are easy to comprehend. Our office is conveniently located in Southfield, Michigan and our staff is available 24 hours a day, 7 days a week to receive phone calls and help you with your legal matters. Do not hesitate to give us a call at (248) 663-2566, or click here to arrange your initial consultation.

This post has been prepared for general information purposes only. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and electronic mail.  Accessing the content of this site does not create an attorney-client relationship. Nor, does contacting us create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

When someone passes away, their assets must be collected and distributed and their estate must be guided through Michigan’s probate courts. The personal representative is the person tasked with this important responsibility, which typically includes:

• Marshalling the assets of the estate and determining their value
• Paying charges from the estate (including the decedent’s debts and final expenses, including taxes and amounts owed to creditors)
• Distributing the remaining assets to the appropriate estate beneficiaries, in line with the decedent’s wishes and all relevant local laws

As they discharge their duties, a personal representative is held to a very high standard of conduct. They are expected to be impartial and fair, executing a number of tasks at a very high level while putting the needs of the estate above their own. 

With all this being said, it can be frustrating and frightening to watch as an appointed personal representative fails to execute their duties properly and efficiently. 

What options are available to an heir, devisee, child, or creditor when they notice a personal representative delaying the estate administration process, mismanaging estate assets, committing an act of self-dealing, or, worst of all, taking an action that actively goes against the best interests of the estate? 

Michigan law offers several avenues for recourse – from restraining the personal representative from taking a specific action, to having their appointment terminated by the court. 

If you are in a position where you are considering challenging or removing a personal representative, one of the most important steps you can take is to consult with an experienced probate and estates attorney. If you suspect wrongdoing or need to act quickly, do not hesitate to contact our office at (248) 663-2566 to discuss your circumstances in more detail. 

Let’s explore three avenues that an “interested person” may use to challenge or remove a personal representative in Michigan:

Demanding a Bond

One step that a person with a significant financial interest in the estate may take is to make a written demand that a personal representative give bond. 

The demand must be filed with the register, and a copy must be sent to the personal representative if they have already been appointed. Bond is required when such a demand is filed, but the requirement ceases if the person demanding bond ceases to be interested in the estate, or if the bond can be excused for another valid reason.

After receipt of notice and until the filing of the bond or cessation of the requirement of bond, the personal representative must refrain from exercising any powers of their fiduciary office, except as necessary to preserve the estate. If the personal representative fails to meet a requirement of their bond, this is cause for removal and a successor personal representative may be appointed. 

Petitioning for an Order Restraining Personal Representative

An interested person may petition the court to file a temporary order restraining a personal representative from performing a specified act of administration, disbursement, or distribution, or from exercising a power or discharging a duty of their office. An interested person may also ask the court to make another order to secure proper performance of the personal representative’s duty. In either situation, it must appear to the court that the personal representative otherwise may take some action that would unreasonably jeopardize the interests of the petitioner, or of another person interested in the estate. 

For any petition for an order restraining a personal representative, the court shall set a hearing date no more than 14 days after the date of the issuance of the temporary order, unless the parties agree otherwise. Notice shall be given as the court directs to the personal representative, to the personal representative’s attorney of record, and to any parties named defendant in the petition.

Petitioning for Termination of Appointment

An interested person may petition for the removal of a personal representative for cause at any time. When such a petition is filed, the court will fix a time and place for a hearing, and notice must be given to the personal representative and any other parties as ordered by the court. 

Broadly speaking, the court may choose to remove a personal representative under any of the following circumstances:

• Removal will be in the best interests of the estate 
• It is shown that the personal representative or the person who sought the personal representative’s appointment intentionally misrepresented material facts in a proceeding leading to the appointment
• The personal representative disregarded a court order; became incapable of discharging the duties of office; mismanaged the estate; or failed to perform a duty pertaining to the office

Upon receipt of notice of removal proceedings, the personal representative cannot act except to account, to correct maladministration, or preserve the estate. If removal is ultimately ordered, the court shall also direct by order the disposition of the property remaining in the name of, or under the control of, the personal representative being removed. 

If the exercise or failure to exercise a power concerning the estate is deemed improper, the personal representative may be liable to interested persons for damage or loss resulting from breach of fiduciary duty.

Importantly, however,  if a personal representative defends or prosecutes a proceeding in good faith, whether successful or not, the personal representative is entitled to receive from the estate necessary expenses and disbursements including reasonable attorney fees incurred.

Probate Litigation Is Complex. You Don’t Have to Go Through It Alone

Coming to terms with a loved one’s passing is a difficult and emotional process – and one that is only made more fraught when you need to deal with intricate legal matters at the same time.

Probate litigation can cause emotions to run high, and lead to intense family arguments. Litigation will also require an understanding of extremely complex legal matters, as well as the specific laws for your state and county, and how they may apply based on your unique situation.

Throughout this trying time, it’s important to have an experienced and professional advocate on your side, one who can patiently help you understand the ins and outs of the probate process in your area.

Whether you are a personal representative, an heir, a creditor, a named beneficiary, an omitted child, or a widow/widower, a probate litigation attorney in your area can help address your questions and navigate the entire process, so that you can secure the best possible outcome for your situation.

If you’re based in Michigan, Attorney Dean E. Patrick can help. Mr. Patrick is knowledgeable on all aspects of probate, with years of experience as a practicing attorney. Whenever you’re ready to get started, Dean is here to listen and learn more about your circumstances, and start finding a solution to your desired outcome. 

If you have any probate-related issue that has interrupted your life, you can count on our firm to work hard to accomplish your goals – with the expertise, empathy, intellect, and professionalism your matter deserves at every step of the way.

Ready to keep the conversation going? The Patrick & Associates, PLLC.. is conveniently located in Southfield, Michigan, close to both Wayne and Oakland Counties. Contact Dean E. Patrick at his Southfield, Michigan office at (248) 663-2566 or click here to arrange your initial consultation.

This post has been prepared for general information purposes only. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and electronic mail.  Accessing the content of this site does not create an attorney-client relationship.  Nor, does contacting us create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Losing a loved one is always difficult and emotionally trying. The loss of a family member can take on a new dimension when the decedent was the head of the household, or one of the primary income earners in the family. In Michigan, there are a number of rights belonging to the surviving spouse and children of the decedent that can help make this daunting loss somewhat easier to manage — and which are important for the personal representative and surviving family members of the decedent to understand. 

As described in Michigan’s Estates and Protected Individuals Code (EPIC), the priority allowances to which a decedent’s surviving spouse and dependent children are entitled are the homestead allowance; the family allowance; and exempt property. 

It is important to note that these allowances and rights to exempt property are only available in situations where an individual dies while domiciled in Michigan; for a decedent who dies domiciled outside of this state, rights to homestead allowance, family allowance, and exempt property are governed by the law of the state where they were domiciled at the time of their death. 

*An important note on adjustments: The dollar amounts used below are adjusted annually for inflation, pursuant to MCL 700.1210. When you see a dollar amount noted with an asterisk (*), keep in mind that this specific dollar amount shall be multiplied by the cost-of-living adjustment factor for the calendar year in which the decedent dies. You can find a chart of relevant cost of living adjustments from 2001 through 2020 here, courtesy of the Wayne County Probate Court. An experienced and knowledgeable probate and estates attorney can also help you determine the most up-to-date figures.

Homestead Allowance

A surviving spouse of the decedent is entitled to a homestead allowance of $15,000* (adjusted to $24,000 as of 2020, as provided in section 1210). If there is no surviving spouse, the decedent’s minor and dependent adult children may share the amount of the allowance, divided equally. 

The homestead allowance is exempt from and has priority of other claims against the estate, except administration costs and expenses and reasonable funeral and burial expenses. Broadly speaking, the homestead allowance is payable in addition to any share of the estate that passes to the surviving spouse or minor or dependent children by the will of the decedent, intestate succession, or elective share. 

Family Allowance

The family allowance is intended to provide support for the decedent’s family during the administration of the estate — a period of time which may be quite speedy or slow and drawn out, depending on the unique circumstances of the decedent and their estate. 

Under EPIC, a “reasonable” family allowance is payable to the decedent’s surviving spouse and minor children whom the decedent was obligated to support, as well as children of the decedent or another who were being supported by the decedent.

If the estate is inadequate to discharge allowed claims, allowance shall not continue for longer than one year; the amount of the family allowance may be paid in a lump sum or in periodic installments. The amount is payable to the surviving spouse, and is meant to go to their use and to care for their minor and dependent children. Otherwise, this amount may be paid to the decedent’s children or anyone having their care and custody; if a minor child or another dependent is not living with the surviving spouse, the allowance may be paid partially to the child or to a fiduciary or another person in charge of their care and custody, and partially to the surviving spouse. 

The family allowance is exempt from and has priority over all claims except administration costs and expenses, reasonable funeral and burial expenses, and the homestead allowance. This allowance is generally payable in addition to any share passing to the spouse or children by will, intestate succession, or elective share. A recipient’s right to unpaid allowances is terminated upon the death of the individual.

Exempt Property

The decedent’s surviving spouse is also entitled to household furniture, automobiles, furnishings, appliances, and personal effects from the estate up to a value not to exceed $10,000* more than the amount of any security interests to which the property is subject (adjusted to $16,000 as of 2020, as provided in section 1210). If there is no surviving spouse, the decedent’s children are entitled jointly to the same value (unless they are excluded, as we’ll explore shortly). 

If encumbered assets are selected and the value in excess of security interests, plus that of other exempt property, is less than $10,000* or if there is not $10,000* worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate to the extent necessary to make up the value. 

Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, except as necessary to permit for the payment of all of the following in the following order: 

• Administration costs and expenses
• Reasonable funeral and burial expenses.
• Homestead allowance.
• Family allowance.

Exempt property rights are in addition to a benefit or share passing to the surviving spouse or children by the decedent’s will, intestate succession, or elective share. The decedent may choose to exclude one or more of their children from receiving exempt property (or assets to make up a deficiency) by:

• Expressly stating by will that the child takes nothing, or the child takes an amount of $10.00 or less from the estate
• Expressly stating by will that the child is not to receive exempt property

Selection, Determination, and Documentation

If the estate is otherwise sufficient, property specifically devised shall not be used to satisfy the homestead allowance or exempt property. Subject to this restriction, the surviving spouse, fiduciaries or others that have the care and custody of minor children, or children who are adults, may select property of the estate to satisfy the homestead allowance and exempt property.

If they fail to do so within a reasonable time, the personal representative may make those selections. The personal representative may execute a deed of distribution or other instrument to establish the ownership of property taken as homestead allowance or exempt property. 

The personal representative may also determine the amount of the family allowance to be paid in a lump sum not exceeding $18,000* ($29,000 as of 2020, adjusted as provided in section 1210), or periodic installments not exceeding 1/12 of that amount per month for one year. The personal representative may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash.

The personal representative or any interested person aggrieved by a selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.

Have Any More Questions About Michigan Probate or Estate Administration?

Coming to terms with a loved one’s passing is a difficult and emotional process – and one that is only made more fraught when you need to deal with intricate legal and financial matters at the same time.

Throughout this trying time, it’s important to have an experienced and professional advocate on your side, one who can patiently help you understand the ins and outs of probate and estate administration in your area.

Whether you are a personal representative, an heir, a creditor, a named beneficiary, an omitted child, or a widow/widower, a probate and estates attorney can help address your questions and navigate the process from beginning to end, so that you can secure the best possible outcome for your situation.

If you’re based in Michigan, Attorney Dean E. Patrick can help you gain a better understanding of probate and estate administration. Mr. Patrick is knowledgeable on all aspects of probate, with years of experience as a practicing attorney. Whenever you’re ready to get started, he is here to listen and learn more about your circumstances, and start finding a solution to your desired outcome. 

If you have any probate-related issue that has interrupted your life, our entire firm will work hard to accomplish your goals – with expertise, empathy, intellect, and professionalism at every step of the way.

Ready to keep the conversation going? The Patrick & Associates, PLLC.. is conveniently located in Southfield, Michigan, close to both Wayne and Oakland Counties. You may click here to arrange your initial consultation or call us at (248) 663-2566 today.

This post has been prepared for general information purposes only. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and electronic mail.  Accessing the content of this site does not create an attorney-client relationship.  Nor, does contacting us create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

When you have a foot problem, you go to the podiatrist. When you have a heart problem, you go to the cardiologist. When you want to complete your estate plan or are forced into the probate courts, you need to go to an established probate and estate planning attorney. 

Michigan probate attorneys focus on the areas of law that are handled in the probate courts, including estate administration, trusts, guardianships, and conservatorships. An experienced attorney can provide fiduciary services, and assist with the many considerations that go into estate and incapacity planning. 

Ultimately, a skilled and efficient probate attorney’s job is really to help you protect the important things — including the people you hold dear and the assets you have spent a lifetime acquiring. 

Curious about what this may mean? Let’s explore what a probate and estate planning attorney can do to help Michigan families and individuals…

Navigate the Probate Court System

The Michigan probate courts have broad jurisdiction to handle matters relating to deceased estates, trust estates, guardianships, and conservatorships — all matters that can be not only complex, but stressful and emotionally taxing to face. The probate court is not a comfortable setting for handling an estate, and it can be difficult to navigate alone. 

An experienced probate attorney can make sure that you receive the expert legal guidance you need to make a difficult situation easier. Whether the estate is contested or uncontested, an attorney can make sure that you fulfill all of your legal obligations when serving as a personal representative or trustee. 

A knowledgeable legal professional can provide the assistance and support that you need as an estate is guided through the Michigan probate courts, while also helping you deal with any number of potential probate issues, including:

• Breach of fiduciary duty
• Opening or closing a probate estate
• Issues relating to an omitted spouse and/or children
• Will and trust contests and disputes
• Determination of heirs
• Handling creditor claims
• Undue influence
• Fraud
• Incapacity and living probate
• Wrongful death
• Beneficiary distributions
• Estate accountings

Stay In Control of Your Most Important Assets

If you become incapacitated, and even when you’re gone, estate planning keeps you in control of the things that matter most to you — and an experienced attorney can provide you with the knowledge and tools you need to assure assure that you have a say over your assets, based on the specifics of your circumstances. 

There are many myths and misconceptions out there about estate planning — that it is only for the ultra-wealthy, for example, or that a will is the only estate planning tool you need. An attorney can help you separate from fiction, and find the answers you’ve been looking for and choose the tools best suited to your individual circumstances. These might include: 

• Wills. Wills are an important part of an estate plan, which allow you to control the distribution of your property and nominate the person or people you choose to look after your children or incapacitated adult loved ones. If you do not take advantage of your ability to determine how your property and assets will be handled in the event of your passing, the state of Michigan will decide for you. A probate and estates attorney has the experience and knowledge it takes to empower you to create a last will that will protect your family, control the distribution of your assets, and facilitate the estate administration process.
• Trusts. A trust is a written agreement created by a settlor or grantor that names an individual who is responsible for managing property as directed by the trust agreement, who is known as the trustee.  Once the trust is created, it is very important to re-title your assets into the trust or the trust will remain an empty vessel. An expert in trust law and administration can not only help you to understand all of your options and assist you with the creation of the trust, but also ensure that all legal formalities are addressed so that you create a trust that is up to your specifications. Trusts can help assets to avoid formal estate administration in the probate courts, and could help protect your estate from certain taxes and fees, which would ultimately provide more to your beneficiaries. 
• Powers of Attorney. A power of attorney is a written instrument that gives legal authority to a third party (known as the agent or attorney in fact) to act on the behalf of someone else (known as the principal). In estate planning, a power of attorney (POA) is a tool that can be used to ensure that someone you trust manages your financial and health care decisions when you no longer can. There are different types of POA, including designations for financial matters and health care. A legal professional can work with you one-on-one to explore and discover your goals, and help ensure that your affairs will be handled the way you would want when you can no longer manage or communicate about them on your own.

Look to the Future With Confidence, Clarity, and Peace of Mind

Having a comprehensive estate plan in place can help provide any number of personal benefits, including:

• Offering peace of mind knowing that you took action to minimize the stress of your circumstances for your family.
• Providing assurance that your partner will get the assets and control you want them to have
• Helping to ensure that someone you can rely on is appointed to handle your assets and affairs.
• Assuring distribution of your assets in a manner appropriate for your circumstances.
• Helping to ensure that inheritance does not become a detriment to your beneficiaries
• Directing how you will be treated should you ever become incapacitated
• Making it easier to add updates or make revisions to your estate plan as your circumstances change over time

It’s never fun to think about what would happen if you were to sustain a major injury or succumb to illness, but it’s an important step to take — and one that is necessary to make sure that your wishes will be heard, respected, and carried out. When you face the future with an attorney’s guidance it’s not only legal advice that you’ll receive, but a little peace of mind as well.

Take Care of Your Loved Ones

An estates and probate attorney can help you protect the people who matter most, helping with matters including estate planning, trust administration, and guardianships and conservatorships. 

A guardianship is a legal arrangement established in the probate court to provide for the well-being of a protected individual, such as a minor or an incapacitated adult. Broadly speaking, a guardian has legal responsibility for another person and is in charge of his or her comfort, care, and general well-being.

A conservatorship is intended to help manage a protected individual’s estate if and when a situation arises when an individual can no longer effectively manage their finances or property. Here in Michigan, conservatorships and guardianships serve different functions — with conservators making decisions about the property or the finances of another person, while a guardian is responsible for medical or housing decisions. The same person can serve in both roles, or they can be assigned to different individuals.

An attorney can help you navigate the many matters relating to conservatorships and guardianships that must be settled in the probate court system — including establishing, terminating, modifying, or contesting a conservatorship or guardianship; defending your current position as conservator or guardian from contests; removing an acting conservator or guardian who has failed in their duties; filing required accounts and records; and more. 

Providing for the people closest to you is also a key component of estate planning. In addition to nominating a guardian or conservator for your minor or incapacitated adult loved ones, an attorney can help you devise strategies to help:

• Maximize the assets available to your beneficiaries when you have passed.
• Minimize or eliminate the cost of taxes probate fees
• Allow for more immediate distribution of your assets
• Assure inheritance does not become a detriment to your beneficiaries
• Prevent disagreements and conflicts among family after you are gone

Looking for Help Protecting the Important Things?

Whether you are currently dealing with the legal aftermath following the passing of a loved one, or are ready to find ways to make estate administration more efficient for your friends and family down the line, our firm is here and ready to help.

When it is time to take care of your estate planning needs, get the answers, insight, and guidance you and beneficiaries deserve. Whether you are trying to avoid probate with a trust, want to make sure your assets are protected and transferred according to your wishes, or want to plan for incapacity with powers of attorney, we can customize a solution to suit your needs.

When it’s time to navigate the probate courts, our attorneys can help ensure that you receive the expert legal advice your matter deserves. Whether you are confronted with an estate contest or want to fulfill your legal obligations and transfer assets without incurring personal liability, you can rely on us to bring you up to speed with the process, advocate for your position, and provide the support you need. 

Mr. Patrick is knowledgeable on all aspects of probate, with years of experience as a practicing attorney. Whenever you’re ready to get started, he is here to listen and learn more about your circumstances, and start finding a solution to your desired outcome. If you have any probate-related issue that has interrupted your life, we will work hard to accomplish your goals – providing your matter with the expertise, empathy, intellect, creativity, and professionalism it deserves at every step of the way.

Ready to keep the conversation going? The probate and estate planning lawyers of Patrick & Associates, PLLC are conveniently located in Southfield, Michigan, close to both Wayne and Oakland Counties. You may click here to arrange your initial consultation or call us at (248) 663-2566 today to learn more.

This post has been prepared for general information purposes only. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and electronic mail.  Accessing the content of this site does not create an attorney-client relationship.  Nor, does contacting us create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Losing a loved one can be an incredibly difficult time. On top of the understandable grief and devastation at losing someone dear — whether a parent, sibling, spouse, or grandparent — this moment can also bring confusion and uncertainty. There are many logistical steps and important decisions that must be taken after someone dies in Michigan, and many people don’t know how or when to begin moving forward. 

Knowing what steps to take after a loved one passes away can make life a little easier during this unusual and challenging time.

It’s important to understand that every situation is unique, and there is no single blueprint to follow when someone passes away. However, there are some important things that one must consider and actions that must be taken — both in the short window after someone passes, and over the course of the next several days and weeks.

One important first step is to contact your loved one’s estate planning attorney (if they had one), or get in touch with an experienced probate lawyer in your area. A legal professional can help you understand the process your loved one’s estate will succumb to in court, as well as the basic steps you and your family can take based on your loved one’s unique circumstances.

What action steps should you be prepared to take after a loved one dies in Michigan? Here is a quick, informal overview of what you can expect: 

Immediately After Death

After a legal pronouncement of death from a paramedic, nurse, or doctor, the next step will be to arrange for proper transportation and handling of the body by the coroner’s office or a local mortuary or crematorium. 

In the immediate aftermath of a death, communication will also be essential. At this time, it’s important to begin notifying family and friends close to you and the deceased. Shortly after, it will be important to begin informing other relevant parties, such as the decedent’s employer or  landlord, or the school where their children are enrolled. To help make things easier, many people will activate a family phone tree, so it doesn’t fall entirely on one person to spread the news. 

Immediately after a loved one passes, it will also be important to make temporary arrangements to make sure their dependents and pets are cared for.

Within a Few Days

Moving forward, there will be some important steps for the family of the decedent to take promptly, including: 

Making funeral preparations

It’s important to determine if your loved one left behind funeral arrangements or requests, including where the ceremony will be held, how they want their body to be prepared, and where they will be interred. Many people make pre-arrangements with a funeral home, to make things easier on their loved ones financially and logistically. 

The deceased may have designated a funeral representative as part of their will or in another document; this is the individual who will  have the right and power to make decisions about funeral arrangements and the handling, disposition, or disinterment of the decedent’s body. If the decedent did not choose a funeral representative, then this responsibility may also fall to the deceased’s spouse or children.  A special personal representative may also be appointed to step in and handle estate issues, including making funeral arrangements, before the appointment of the regular personal representative. 

A funeral director can assist with many important tasks over the course of preparing for the burial, including placing an obituary, and assisting in the completion of a death certificate.

Securing the person’s property

You may wish to take steps to protect your loved one’s property from vandalism and theft. This might include locking up their house and vehicles, and bringing in help to clean out perishable food from the fridge, water plants, and collect mail. 

Getting certified copies of a death certificate

Obtain multiple certified copies of a death certificate through the local office of vital statistics. This paperwork will be necessary to take several important steps, including receiving distribution from insurance policies, retitling financial accounts and investments, and transferring personal property or real estate.  

Collecting important documents and records

Dealing with the legal aftermath of a loved one’s passing will involve handling many different personal documents, including estate planning documents and identifying information. The State Bar of Michigan recommends locating the following items, and giving them to the person responsible for completing the deceased’s final affairs:

• Directives regarding funeral arrangements
• Prepaid funeral or burial contracts & related documents
• Last will & testament
• Trust agreements
• Marriage certificates (and premarital agreements, if applicable)
• Bank statements, account information, and safety deposit box keys
• Retirement and brokerage account statements
• Birth certificate
• Social Security card
• Military discharge documents, if applicable
• Stock certificates and savings bonds
• Recent bills 
• Tax returns and documents 
• Deeds, tax information, and other documents pertaining to real estate

Contacting legal and financial professionals who can help you move forward

Remember that you don’t need to go through this process alone. Your loved one may have been working with professionals who can help you make decisions and move forward on their behalf, including a financial advisor and an estate planning attorney. 

A financial advisor or planner can help you determine what investments your loved one owned and put a value on their assets. They may also be able to assist with transferring or retitling financial assets to a designated beneficiary. 

An estates and probate attorney can answer any legal questions and address concerns you may have, provide copies of your loved one’s estate planning documents, and help coordinate and begin the probate process — including determining whether a probate proceeding is necessary for the decedent’s estate properties, helping to determine who will be acting as personal representative, and filing the decedent’s will in the probate court for their county of residence.

Within 10-14 Days

In the weeks following a loved one’s passing, it will be important to tie up loose ends and begin the work of estate and trust administration. Here are a few key guideposts and considerations to keep in mind: 

Notify the Social Security Administration, credit card companies, and others

If your loved one was receiving Social Security benefits, be sure to notify the SSA to receive information about survivor’s benefit, or determine if any payments must be returned. 

To stop the risk of identity theft or fraud, notify the major credit reporting agencies of the death. You can request a “deceased” flag with Experian, Equifax, and TransUnion. 

Similarly, unless you are named on the account and wish to retain the card, this is also the time to notify credit card companies about the death, as well as utility companies. If needed, cancel or redirect newspaper subscriptions and other home deliveries to the deceased’s property. 

File claims with life insurance policies

If your loved one had insurance policies, it will be necessary to contact them to file a claim for life insurance benefits. Your estate planning attorney can also help transfer any annuities or benefits to heirs designated beneficiaries, as needed. 

Work to transfer or distribute nonprobate assets

Some of your loved one’s assets are likely to be nontestamentary, meaning that they will likely not have to go through probate administration. Most commonly, this includes assets held in a revocable living trust, or those with a beneficiary or payable-on-death designation or a co-owner who is legally entitled to the property. A probate attorney can help notify financial institutions to transfer or pay your loved one’s accounts to the appropriate beneficiaries; retitle jointly held assets in the name of the surviving party; and assist a successor trustee in managing and administering relevant trust property. 

Beginning the Probate Process

In Michigan, the legal process involved in administering a decedent’s estate is commonly known as probate. The probate process begins when the decedent’s will (if there is one) is filed with the court, and a personal representative is appointed. 

The personal representative assumes the important role of settling and distributing the decedent’s estate expeditiously and efficiently, in line with the terms of the decedent’s will and all relevant state laws. 

Most commonly, a personal representative is named in the decedent’s will. If the person died without a will, they are said to have died intestate. In this case, the probate court will take an active role in determining who will serve as personal representative. The laws for intestate succession will also take effect if the decedent passed away without a will, or left significant gaps in their estate plan. Broadly speaking, intestate succession means that the assets of the deceased will be distributed to their survivors following a strict order of priority, which is determined by Michigan law. 

In broad strokes, the estate administration process involves a few key steps, which are overseen by the personal representative: 

• Gathering the assets of the estate and determining their value
• Paying the decedent’s debts and final expenses from the estate
• Distributing remaining assets to the appropriate people or entities, in line with the decedent’s wishes and all relevant local laws

As they execute their duties, the personal representative will be held to a high standard of conduct. The personal representative is a fiduciary, meaning that they are expected to put the interests of the estate above their own. 

Probate also involves resolving any complications, issues, or disputes that might arise during the administration of the estate — including trust and will contests, addressing a breach of fiduciary duty, or handling guardianship and conservatorship proceedings. Along the way, it may prove important to have an experienced legal professional on your side, who can address your questions and help you navigate through probate litigation, so that you can secure the best possible outcome for your situation.

At Every Step of the Way: Don’t Forget to Take Care of Yourself

In the days, weeks, and months following the loss of a loved one, remember to take care of yourself. This time can be emotionally charged and incredibly draining, particularly if you are closely involved in administering your loved one’s estate. 

In the days after your loved one’s passing, be sure to contact your workplace, and look into their bereavement time policies if you need to step away.

Moving forward, do whatever you can to keep yourself feeling healthy and secure. Look into local support groups for grief and loss in your community, and keep in touch with friends and family. Get support from a counselor or therapist if you need it. Many people also look into talking with a faith leader at this time, or make it a point to get involved in volunteering and community organizations to stay active and engaged. Make time for exercise, keep up with doctor’s visits, and build in plenty of opportunities for self-care, in whatever form you need. If the workload involved with handling your loved one’s affairs starts to feel overwhelming, delegate to trusted friends and advisors. 

You Don’t Have to Go Through This Difficult Time Alone

Coming to terms with a loved one’s passing is a hard and emotional process – and one that is only made more difficult when you need to deal with complex legal matters at the same time. 

During this trying time, you owe it to yourself and to all involved to have a professional and experienced probate lawyer like our Attorney Dean E. Patrick at your side, guiding you through the probate courts of Michigan. 

Mr. Patrick can provide the assistance and support that you need as an estate is guided through the Michigan probate courts. Mr. Patrick has worked with many different legal issues, so you can be sure that he is knowledgeable on all aspects of probate. Whether you are a personal representative, an heir, a creditor, a named beneficiary, an omitted child, or a widow or widower, Mr. Patrick will patiently bring you up to speed with the process while understanding and being supportive as you recover from the grief.

Whenever you’re ready to get started, Dean E. Patrick is here to listen and learn more about your circumstances. If you have any probate-related issue that has interrupted your life, we will work hard to accomplish your goals – with expertise, empathy, intellect, and professionalism at every step of the way.

Ready to keep the conversation going? The Patrick & Associates, PLLC.. is conveniently located in Southfield, Michigan, close to both Wayne and Oakland Counties. You may click here to arrange your initial consultation, or give us call us at (248) 663-2566

This post has been prepared for general information purposes only. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and electronic mail.  Accessing the content of this site does not create an attorney-client relationship.  Nor, does contacting us create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Over the course of a lifetime, we all acquire assets and possessions — and most of us also take on debt, in some form or another. What happens to those debts when you pass on? That’s where probate comes in.  

One of the most important aspects of the Michigan probate process is receiving creditors’ claims; determining what claims are legitimate; and paying off or settling just debts from the decedent’s estate. 

It can be intimidating to think of managing or resolving a decedent’s debts and financial obligations after they’re gone, particularly if you are a personal representative or another fiduciary tasked with guiding their estate through the probate courts. 

After a death, it is not unheard of for creditors and debt collection agencies to begin hounding the decedent’s family members in an attempt to obtain payment — adding stress, pressure, and confusion to an already difficult time. 

Whether you are planning ahead to make things easier for your loved ones down the line, or you are a personal representative or trustee involved in the administration of an estate, you probably have questions about claims, debts, and final expenses. Let’s explore the ins and outs of handling creditors’ claims and resolving decedent debts during Michigan probate:

Notifying Creditors and Presentation of Claims

One of the first steps in resolving a decedent’s debts is providing proper notice to their creditors, both known and unknown. Generally speaking, this is typically a responsibility of the personal representative. 

Upon appointment, the personal representative must publish a notice to creditors in a public venue, such as a local newspaper for the county in which the decedent resided. This notice should include: 

• Identifying information for the decedent (including their name, last known address, and date of death)
• Name and address of the personal representative
• Information for the court where proceedings are filed 
• Notice that estate creditors must present their claims within four months after the date of the notice’s publication or be forever barred

In addition to publishing this public notice, the personal representative should also send a copy of the notice or a similar writing within four months to all of the estate creditors of which they are aware, as well as to any trustees of the estate. 

A personal representative is considered to “know” of a creditor of the decedent if they have actual notice of the creditor’s existence, or if their existence is “reasonably ascertainable” based on the decedent’s available records for two years preceding their death, or any mail immediately after their death. If the personal representative first learns of an estate creditor less than 28 days before the expiration of the four-month time limit, they must give notice within 28 days. 

Notice to creditors may not be necessary in situations where the estate has no assets, or if it qualifies for summary distribution as a small estate. It is important to consult with a lawyer to gain a better understanding of the process for administering a small estate in Michigan, including the most up-to-date values for when an estate may qualify for the simplified small estate process.

Broadly speaking, a creditor has four months from the date of publication of the notice to present their claim, or one month from the date they received notice (whichever is later). Failure to act in a timely fashion may result in the claim being barred. If proper notice requirements have not been met, the creditor must present their claims within three years after the decedent’s death.

Broadly speaking, a claimant can present their claims against an estate by:

• delivering or mailing a written statement to the personal representative indicating the claim’s basis, the claimant’s name and address, and the amount claimed, or by filing with the court a written statement of the claim and delivering or mailing a copy of the statement to the personal representative; or,
• by commencing a proceeding to obtain payment of a claim against the estate in a court in which the personal representative may be subjected to jurisdiction. The commencement of the proceeding shall occur within the time limit for presenting the claim. 

Generally, a claim will be barred if the statute of limitations had run at the time of the decedent’s death; if the statute had not run out, the running of the statute is suspended for a four-month period following the date of the decedent’s death. A claim that arises after the decedent’s death must generally be presented within four months after the claim arises or the date of publication, whichever is later.

Priority of Claims

Often, the property and assets included in a decedent’s estate will not be sufficient to pay all claims and allowances in full. In such situations, Michigan law instructs the personal representative to make payment in the following order of priority: 

• Costs and expenses of estate administration (such as filing fees, accounting fees, attorney’s fees, fiduciary fees, and other administrative expenses for the estate)
• Reasonable funeral and burial expenses
• Homestead allowance (as described under MCL 700.2402)
• Family allowance (as described under MCL 700.2403)
• Exempt property (as described under MCL 700.2404)
• Debts and taxes with priority under federal law (this includes federal taxes and medical assistance payments subject to Michigan’s Estate Recovery program)
• Reasonable and necessary medical and hospital expenses of the decedent’s last illness (including compensation for attendants)
• Debts and taxes with priority under other laws of the state 
• All other claims 

Importantly, preference is not given in the payment of one claim over another for all claims of the same class. A claim due and payable is not entitled to a preference over a claim not yet due.

If there are insufficient assets in the estate to pay all claims in full or to satisfy the homestead allowance, family allowance, and exempt property, the personal representative shall certify the amount and nature of the deficiency to the trustee of any trust of the decedent that was revocable at the time of the decedent’s death for payment. If the personal representative is aware of other nonprobate transfers that may be liable for claims and allowances, then, unless the decedent’s will provides otherwise, the personal representative may collect the deficiency in a reasonable manner so that each nonprobate transfer bears a proportionate or equitable share of the total burden.

Allowance, Disallowance, and Payment of Claims

Broadly speaking, once the personal representative receives a claim, they may decide to allow it or disallow it. 

To disallow a claim, the personal representative may deliver or mail a notice to the claimant stating that the claim has been disallowed, either in whole or in part. 

The personal representative can later change their position on the allowance or disallowance of a claim; if they do so, they must provide appropriate notice to the claimant. A personal representative cannot  disallow a claim after allowance by a court order or judgment directing the claim’s payment. Similarly, the personal representative cannot decide to allow a claim that has previously been barred. 

Broadly speaking, a claim that the personal representative disallows will be barred to the extent of the disallowance, unless the claimant commences a proceeding for allowance no later than 63 days after receiving appropriate notice. 

If the personal representative fails to deliver or mail notice of action on the claim within 63 days after the time for the claim’s presentation expires, or within 63 days after the personal representative’s appointment — whichever is later — then the claim is considered to be allowed. 

As for payment of claims? As the Probate Court of Kent County explains in a writing: 

After the expiration of the 4 months following publication of the notice to creditors, and after providing for homestead, family and exempt property allowances, for claims that have been disallowed and appealed, and costs of administration, the personal representative must pay the claims allowed in the order of the priority as provided above. No order allowing claims is necessary.

If a claim is presented and if it appears to be in the estate’s best interest, the personal representative may also settle the claim, “whether due or not due, absolute or contingent, liquidated or unliquidated.”

While the personal representative may pay a claim that is not barred at any time, with or without formal presentation, it is generally advisable for the personal representative to take their time and allow for all claims to be presented before taking action. The personal representative may be “individually liable to another claimant whose claim is allowed” and who is injured by the payment, including: 

• If a payment is made before the expiration of the time limit and the personal representative fails to require the payee to give adequate security for the refund of any of the payment necessary to pay another claimant.
• Payment is made due to the negligence or willful fault of the personal representative in a manner that deprives the claimant of priority.

Importantly, secured claims are handled somewhat differently. A personal representative shall only pay a secured claim “on the basis of the amount allowed if the creditor surrenders the security.” Otherwise, the personal representative pays the amount of the claim allowed minus the fair value of the security (if the creditor exhausts the security before receiving payment). If the creditor does not have the right to exhaust the security or has not done so, payment is based upon “the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement under which the security was delivered to the creditor,” or “by the creditor and personal representative by agreement, arbitration, compromise, or litigation.”

When allowing a claim, a personal representative may deduct any counterclaims that the estate has against the claimant. In determining a claim against an estate, the court shall reduce the amount allowed by the amount of a counterclaim and, if counterclaims exceed the claim, render a judgment against the claimant for the excess amount.

Finally, if estate property is encumbered by a mortgage, pledge, lien, or other security interest and it appears to be in the estate’s best interest, the personal representative may pay the encumbrance or a part of the encumbrance; renew or extend an obligation secured by the encumbrance; or convey or transfer the property to the creditor in satisfaction of the lien, in whole or in part, whether or not the encumbrance holder has presented a claim. 

Looking to Learn More About Any Aspect of Michigan Probate?

Dealing with a loved one’s passing is a difficult and emotional process – one that is only made more complicated when you need to deal with intricate financial and legal matters at the same time. In this difficult moment, it’s important to have an experienced and professional advocate on your side. 

Whether you are an heir, a trustee, a creditor, or a personal representative, Attorney Dean E. Patrick can provide the assistance and support that you need as an estate is guided through the Michigan probate courts. 

At the Patrick & Associates, PLLC., we put our legal experience and skills together with our commitment to excellence in representing your rights. You can depend on our law firm’s ability to listen to you and our talent for creative strategies as we help you navigate probate and estate administration, including (but certainly not limited to) general probate litigation, will and trust contests, beneficiary disputes, guardianships, and conservatorships.

If you have any probate-related issue that has interrupted your life, we will work hard to accomplish your goals – while providing the expertise, empathy, intellect, and professionalism your matter deserves at every step of the way.

Have any more questions? Ready to get started? Contact Mr. Patrick at his Southfield office at (248) 663-2566, or click here to arrange your initial consultation. Our staff is available 24/7 to answer any questions and help you with your legal matters.

This post has been prepared for general information purposes only. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and electronic mail.  Accessing the content of this site does not create an attorney-client relationship.  Nor, does contacting us create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

If someone passes away without a will in Michigan, many of their assets will become subject to our state’s rules of intestate succession. Broadly speaking, this means that the courts will step in and make determinations about how the decedent’s property will be distributed among their surviving family members. Anyone who stands to inherit under the statutes of intestate succession is known as an heir. 

Dying intestate can make an incredibly difficult period even more complex and time-consuming for your survivors, particularly if there needs to be a determination of heirs — which can add a significant degree of time and effort to the already long and costly process involved in administering an estate.

Just as importantly, if you do not set down your wishes in a will or guide the distribution of your property through other estate planning mechanisms, such as a trust, then your assets will be distributed following the strict guidelines set down by Michigan law. This means that your most treasured assets will pass completely outside of your control, and could end up going to some people you might have preferred to omit or disinherit. 

Michigan Intestacy Statutes: A Brief Overview

Intestacy laws guide how an estate should be settled in the absence of a will. Michigan’s Estates and Protected Individuals Code (EPIC) states that any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs. This might occur if the decedent dies without leaving any valid will, or if they omit certain items from their estate plan. 

Non-probate assets are not subject to intestate succession. Generally speaking, this category includes assets held in a trust; property co-owned as joint tenants or tenants by the entireties; and securities, financial accounts, retirement funds, and other assets with a designated “pay on death” or “transfer on death” beneficiary. 

Michigan law sets down a particular order of succession by which heirs stand to inherit when an individual who dies intestate — and how much each party might ultimately receive from the estate. Broadly speaking, Michigan law gives highest priority to the surviving spouse of the decedent, followed by their children and grandchildren, then parents and siblings, followed by more distant relatives.

Intestate Succession

If a decedent is survived solely by a spouse, with no descendants or surviving parents, then the spouse will receive the entire intestate estate. 

If a decedent is survived by a spouse and descendants who are also descendants of the surviving spouse, then the spouse receives a fixed share of the estate, plus half of the remaining balance of the intestate estate. As of 2020, the amount that a spouse will receive is the first $239,000 of the estate, with the decedents dividing the remaining share.*

*MCL Section 700.1210 states that  for decedents who die after December 31, 2000, the specific dollar amounts listed under Michigan’s intestacy statutes shall be multiplied by the cost-of-living adjustment factor for the calendar year in which the decedent dies. Michigan’s cost-of-living adjustment factor has been set to 1.593 for calendar year 2020. More information and a record of historical adjustments and dollar amounts can be found here. 

If the decedent is survived by a spouse and one or more parents, then then the surviving spouse receives the first $239,000* of the estate, plus three-quarters of any balance of the intestate estate. 

If the decedent is survived by a spouse and one or more descendants who are not descendants of the surviving spouse, then the surviving spouse will receive the first $239,000* of the estate plus half the balance of the remaining intestate estate. 

If none of the decedent’s surviving descendants are descendants of the surviving spouse, then the surviving spouse receives the first $159,000,* plus half of any remaining balance of the intestate estate. 

Next, any part of the intestate estate that does not pass to the decedent’s surviving spouse — or the entire intestate estate if there is no surviving spouse — passes in the following order to the following individuals who survive the decedent:

• Descendants by representation (e.g., children and grandchildren of the decedent)
• Surviving parent or parents 
• Descendants of the decedent’s parents or of either of them by representation (e.g., siblings, nieces, and nephews of the decedent)
• Paternal and maternal grandparents and their descendants (or to one side of the family if there is no surviving grandparent or descendant of a grandparent on the other side)

Finally, if there are no takers under any of the provisions mentioned above, the intestate estate passes to the state.

Other Key Considerations

In addition to these broad rules of succession, here are some important things to keep in mind about intestate inheritance in Michigan: 

• When property is distributed “by representation,” this means that the property is divided into as many equal shares as there are surviving descendants in the nearest generation that contains one or more surviving descendants (plus deceased descendants in the same generation who left surviving descendants, if any). Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants. 
• Children of the deceased stand to inherit as long as they are legally recognized by the state — this includes adopted children, as well as children born out of wedlock. 
• For the purposes of intestate succession, an individual must survive the decedent by at least 120 hours in order to inherit.
• Under Michigan intestacy laws, a relative “of the half blood” (such as a half-sibling) inherits the same share he or she would inherit “if he or she were of the whole blood.”
• Immigration status does not affect an heir’s inheritance. Under Michigan law, an individual is not disqualified to take as an heir because he or she (or an individual through whom he or she claims) is or has been an alien.
• An individual who is related to the decedent through two lines of relationship is entitled to only a single share, based on the relationship that would entitle the individual to the larger share.
• A debt owed to a decedent is charged only against the intestate share of the debtor, and not against anyone else’s share. If the debtor predeceases the decedent, the debt is not taken into account in computing the intestate share of the debtor’s descendants.
• Property the decedent gave to an heir during his or her lifetime is only counted as an advancement against the heir’s intestate share if  the decedent or heir acknowledges in writing that the gift constitutes an advancement or should be taken into account in computing the division and distribution of the decedent’s intestate estate.

Michigan Intestacy: Stories and Examples

As you can see from the matters we’ve already discussed, intestate succession can be long, drawn-out, and quite complicated for everyone involved. This process is never easy, and it can become even more complex if the decedent has a large or complicated family tree, or if it is difficult to make contact with more distant heirs. 

To help illustrate the ins and outs of intestate succession, let’s explore some example scenarios — including a fairly straightforward intestacy case in which someone dies without a will, and one in which intestacy guidelines might run counter to a decedent’s wishes. 

By the Numbers

Sam and Alex have been married for some time. They have two grown kids, who have not yet married or had children of their own. Eventually, Sam passes away, without leaving a will. 

After taking an account of all of the solely owned property and assets that Sam left behind, the value of the intestate estate is somewhere around $320,000. In this case, Alex is entitled to receive a fixed amount from the estate — $239,000, as of 2020* — plus half of the remaining balance of the estate (which comes to $40,500). That brings Alex’s total to $279,500. The remaining amount of the estate (another $40,500) is then divided equally among Sam and Alex’s two children. 

Maintaining Control

A married couple, Felix and Sandra, stopped talking with their surviving siblings after a bitter probate court fight.

Felix and Sandra had a modest estate, and did not want for their siblings to receive any part of it. However, while Felix and Sandra understood the need to plan ahead, they kept making excuses and putting off writing their wills. Before they got around to it, Sandra passed away. Weakened by the grief from the loss of his wife, Felix passed away within the month.

With no living parents or children, their entire estate was distributed to the very people they did not want: their surviving siblings.

If you do not plan, the probate process will make important decisions for you. Felix and Sandra could have maintained control when they were gone and disinherited their siblings if they had created wills or trusts.

The Importance of Estate Planning

If you want to maintain control over your property and ensure that your wishes are followed, even when you’re gone, then it’s incredibly important to develop a comprehensive estate plan with an experienced Michigan probate attorney. 

If you become incapacitated, and even when you’re gone, estate planning keeps you in control. Estate planning is important for individuals at every stage of life. Whether you’re single, married, or cohabitating, estate planning is a powerful way to: 

• Help ensure the distribution of your assets in a manner appropriate for your circumstances
• Maximize the assets available to your beneficiaries when you have passed
• Give yourself peace of mind, knowing you minimized the stress of your circumstances for your family
• Assure your partner gets the assets and control you want them to have
• Minimize or eliminate the cost of probate fees and taxes on your estate
• Allow for immediate distribution of your assets
• Avoid disagreements and conflicts among family after you’re gone

There are a variety of tools, including wills and trusts, that assure you keep control even when you are unable to speak on your own behalf. Which instruments are used depend on the specifics of your circumstances. 

An experienced probate attorney such as our own Dean E. Patrick can help you understand the unique variables of your situation, and empower you to take the appropriate steps to protect your assets and your loved ones. Mr. Patrick’s extensive knowledge of Michigan probate ensures you will get the legal help you need when it’s time to take care of your estate planning — including writing a will, establishing a trust, creating a durable power of attorney, or understanding the ins and outs of guardianship and conservatorship. 

You Don’t Have to Go Through It All Alone

Interested in learning more about Michigan’s unique laws of intestate succession? Curious about the estate planning mechanisms that can help put you in control? 

Your Michigan probate attorney Dean E. Patrick is here to help. Mr. Patrick is a licensed Michigan lawyer specializing in probate law. He has helped hundreds with their estate planning needs, giving him the necessary knowledge to provide unparalleled legal advice and assistance that can make your life a little easier.

Whatever your situation, Mr. Patrick and his team of trial lawyers are keen on hearing your circumstance and even keener in finding a solution to a desired outcome. Contact probate attorney Dean E. Patrick at his Southfield, Michigan office at (248) 663-2566 or click here to arrange your initial consultation online.

This post has been prepared for general information purposes only. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and electronic mail.  Accessing the content of this site does not create an attorney-client relationship.  Nor, does contacting us create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

The passing of a loved one can be incredibly difficult — particularly when you are put in the position of helping guide their estate through Michigan’s complex and intimidating probate court system. 

In Michigan, the probate court has jurisdiction over matters that relate to the settlement of a deceased individual’s estate, including: 

• The internal affairs of the estate
•  Estate administration, settlement, and distribution
•  Declaration of rights that involve an estate, devisee, heir, or fiduciary
•  Construction of a will
•  Determination of heirs

The legal aftermath that follows when someone passes away is commonly referred to as probate or estate administration. With that said, it’s important to recognize that there are different ways to approach this process — and these proceedings may be formal or informal, supervised or unsupervised. 

What goes into supervised probate, and what factors should be considered as you look to the future and weigh all of your options? Let’s explore these important concepts in more depth. 

Formal and Informal Probate

Broadly speaking, the administration of a decedent estate can be commenced by filing an application for an informal proceeding, or a petition for a formal testacy proceeding. 

Formal administration can be supervised or unsupervised. A request for supervised administration can be made as part of a petition for formal proceedings, or requested by petition at any time. 

As defined by Michigan’s Estates and Protected Individuals Code (EPIC), “formal proceedings” are administrations conducted before a judge with notice to interested persons.

“Informal proceedings” mean proceedings for probate of a will or appointment of a personal representative conducted by the probate register without notice to interested persons.

In a nutshell, informal proceedings require much less direct interaction with the court and give the personal representative more flexibility and authority to act on behalf of the estate. As the Probate Court of Kalamazoo County notes, 

Some features of an informal probate are that no court hearings are necessary, a personal representative (sometimes referred to as an executor) is appointed by the court and given the authority to probate the estate, and most of the activities involved in probating the estate are done without court involvement.

As a result, informal proceedings are used in situations where probate is expected to be somewhat less complex — whether due to fewer creditors to the estate, fewer estate assets, or fewer disagreements or conflicts among the decedent’s survivors. 

Formal proceedings are more desirable in situations where there is a need for immediate certainty, or when there is a conflict among interested parties that court supervision can help resolve or prevent. Because a formal approach also results in an order of the court, it can provide some protection to the personal representative — allowing them to move forward with less concern of future claims against themselves or the estate.

Supervised Administration of an Estate

As noted, the administration of an estate in Michigan may also be supervised or unsupervised. As defined by EPIC, supervised administration occurs:

As a single in rem proceeding to secure complete administration and settlement of a decedent’s estate under the court’s continuing authority that extends until entry of an order approving estate distribution and discharging the personal representative or other order terminating the proceedings.

In other words, supervised administration provides a single, comprehensive, and formal settlement process, wherein the court oversees and approves of essentially all aspects of the administration process — including appointing the personal representative, making a determination of heirs, determining the validity of the decedent’s will, and approving the distribution of all estate assets. 

The personal representative or any interested person — such as an heir, devisee, or creditor to the estate — may file a petition for supervised administration at any time. A petition for supervised administration may also be joined with a petition in a formal testacy or appointment proceeding. 

Broadly speaking, the court might order supervised administration of an estate in a few different circumstances, namely: 

• If the decedent’s will directs supervised administration (unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that supervised administration is not necessary)
• If the decedent’s will directs unsupervised administration, the court will only order supervised administration “on a finding that it is necessary for protection of persons interested in the estate”
• In other cases, the court can also order supervised administration if it finds it to be “necessary under the circumstances”

Unless otherwise restricted by a court order, a supervised personal representative generally has all the standard duties and powers afforded to a personal representative — with the significant exception that the PR “shall not exercise the power to make a distribution of the estate without prior court order.” This includes partial distributions. 

Under Michigan Court Rules, a supervised personal representative must also file some additional documents with the court and serve copies on the interested persons, including some additional accountings, notices, affidavits, and any other documents “as are ordered by the court.”

An estate being handled through supervised administration must be closed by an order for complete estate settlement. The personal representative or another interested person may petition to terminate supervision of administration at any time during the supervised administration. 

When Might Supervised Administration Be Considered?

As noted above, supervised administration may be ordered when it is deemed “necessary for protection of persons interested in the estate,” or when it is directed by the decedent’s will. 

With that in mind, it is important to note that supervised administration is not necessarily common. As a writing by the Probate Court of Kalamazoo County puts it succinctly, “only a very small percentage of decedent’s estates go through supervised proceedings.”

Supervised administration is generally more complex, more demanding, and more time consuming than other types of proceedings, including unsupervised formal probate. Unsupervised administration offers more flexibility to personal representatives, and, because there is less involvement from the court, this process often moves more swiftly; costs less in filing fees and other expenses; and typically offers a greater level of privacy to all parties associated with the estate. 

Still, these proceedings certainly have their place. Supervised administration may be considered if the decedent’s estate is particularly large, valuable, or complex. This type of estate administration may also be necessary when there is an interested party who is considered a protected person, such as an heir or beneficiary who has a disability. What’s more, supervised administration can help minimize the potential for disputes, conflicts, and claims against the estate in some cases. Because of the strict oversight of the court, there is less of a possibility that estate assets will be mishandled or neglected — which can provide some much-needed peace of mind.

As the Probate Court of Kent County notes in a writing: 

Supervised administration does force the personal representative to operate within a formal structure and it may give heirs and devisees some comfort to know that the personal representative is responsible to the court.

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The advantages and disadvantages should be discussed with an attorney and the choice should be made based upon the circumstances of each estate.

These are complex matters, and the way forward is not always immediately clear. An experienced local probate attorney can help you gain a better understanding of the crucial distinctions between the different types of estate administration proceedings available in Michigan, while also helping you navigate the entire process from beginning to end with guidance and answers tailored to your specific circumstances.  

Looking to Learn More About Supervised Administration or Other Aspects of Michigan Probate?

Coming to terms with a loved one’s passing is a difficult and emotional process – and one that is only made more fraught when you need to deal with intricate legal matters at the same time. Throughout this trying time, it’s important to have an experienced and professional advocate on your side, one who can patiently help you understand the ins and outs of probate and estate administration in your area.

Attorney Dean E. Patrick can provide the assistance and support that you need as an estate is guided through the Michigan probate courts — whether through formal, informal, or supervised proceedings. 

At the Patrick & Associates, PLLC., we put our legal experience and skills together with our commitment to excellence in representing your rights. You can depend on our law firm’s ability to listen to you and our talent for creative strategies as we help you navigate probate and estate administration, including (but certainly not limited to) general probate litigation, will and trust contests, beneficiary disputes, guardianships, and conservatorships.

If you have any probate-related issue that has interrupted your life, we will work hard to accomplish your goals – while providing the expertise, empathy, intellect, and professionalism your matter deserves at every step of the way.

Have any more questions about different methods of estate administration? Ready to get started? Contact Mr. Patrick at his Southfield office at (248) 663-2566, or click here to arrange your initial consultation. Our staff is available 24/7 to answer any questions and help you with your legal matters.

This post has been prepared for general information purposes only. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and electronic mail.  Accessing the content of this site does not create an attorney-client relationship.  Nor, does contacting us create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Who do you trust to carry out your wishes and make sure that your affairs are handled, when you’re no longer around to oversee these crucial decisions? While thinking about estate planning is not always the most enjoyable experience, it’s an incredibly important step forward — one that can help make things easier for your loved ones, protect your finances, and help keep you in control of the things that matter most.

Estate planning involves using a variety of tools — including wills, trusts, and powers of attorney — to assure you can maintain control, even when you are unable to speak on your own behalf. The instruments that you use will depend on the specifics of your circumstances. 

A crucial part of crafting your last will is to nominate the individual that you wish to serve as the personal representative for your estate. (This role is often known as the executor of the estate, in many other states outside of Michigan). The personal representative is the person tasked with guiding your estate through the probate courts, following the directions set down by your will.  A personal representative is a fiduciary, meaning that they have a duty to put the interests of the estate before their own. Depending on the specific circumstances of the estate, a personal representative will take on many crucial duties, including: 

• Collecting, inventorying, managing, and protecting estate assets
• Notifying and paying creditors of the estate
• Providing an accounting of estate assets
• Communicating with all interested parties to the estate, as necessary
• Handling payments to and from the estate, including tax obligations
• Making distributions to the appropriate parties
• Closing the estate

You need someone in place that can handle these many responsibilities. Often, married people choose their spouse to serve as their personal representative. Children or close family members are also often called on to handle the responsibility. For those who can’t rely on family or friends, who don’t want to burden their loved ones with a difficult estate, or who want to bring on an impartial outsider, a professional personal representative is also a viable option. 

Curious about who in your life should be considered as a personal representative? Here are some questions to ask as you weigh this important estate planning decision:

Are They Trustworthy and Reliable?

Being a fiduciary requires a high level of trustworthiness and skill. As the State Bar of Michigan once put it: 

A PR must not only be honest and impartially fair but must also be diligent, responsible, and prudent in the completion of his or her legally imposed obligations.

Do you trust your nominated personal representative to put the needs of the estate above their own? Will they make decisions that are truly in the best interests of your estate and its named beneficiaries? Are they capable of handling the complex financial matters that can go into handling an estate — from creating an inventory of assets, to paying creditors, to managing investments and maximizing the value of the estate assets? 

Do you trust them to consult with experienced professionals to handle these important matters, such as a local attorney, accountant, or financial manager? Will they invest the time and attention that complex estate matters may require? For that matter, do you trust that they will be willing and able to serve as your personal representative in the first place?

As you start to consider choosing a personal representative, or any other fiduciary — such as a a guardian or trustee — it is important to remember that this process is not about making people feel equal. It is about ensuring your wishes are respected and carried out when you no longer have a say in the matter. The most important thing about choosing your personal representative is that they are the truly best choice for your circumstances. 

Are They Accessible and Easy to Communicate With?

From notifying and responding to creditors; to passing relevant information and updates along to friends and family of the decedent; to staying in close contact with the court during formal or supervised administration proceedings, the personal representative will be responsible for handling a lot of communication. 

As the State Bar puts it: 

While a PR will likely employ an attorney or other professionals to assist with the estate’s administration, the PR is still ultimately responsible for ‘getting the job done.’ … It is very important that a PR timely communicate with and respond to any inquiries of beneficiaries and others who have an interest in the estate as it progresses.

Is this someone who you can count on to be patient and fair when it comes to communicating with all of the parties involved in estate administration? Is this someone who you can communicate effectively with now, and with whom you feel comfortable discussing sensitive matters like the location of your essential estate planning documents or the types of probate assets that will be involved in your estate?

Are They Organized and Efficient?

The probate process can be quick and painless, or time-intensive and tedious. Part of this depends on the actions you take to simplify, streamline, or avoid probate while you have the chance. But it’s also important to keep in mind that probate can drag on if the personal representative doesn’t meet important deadlines, procrastinates on important decisions, makes small unforced errors, or drops the ball on responding to communications from creditors or the courts. These little errors and mistakes can extend the estate administration process, open the door to conflicts and litigation, and slow down the transfer of many important assets — which could seriously impact your family in an already-difficult time

If You’re Choosing Multiple Representatives, Could There Be Room for Arguments or Conflict?

During the estate planning process, you may consider naming multiple people to serve as co-representatives, or setting up an estate plan that involves multiple people handling different tasks — such as naming different parties to serve as PR, conservator, trustee, and guardian. 

As you weigh these decisions, it’s important to consider the unique dynamics of your family and friends. Could dividing up these responsibilities create friction and open up the door to potential disputes or conflicts? 

As writer G.M. Filisko once put it in an article for the AARP:

Be aware of family tensions before naming co-executors or trustees… Instead of focusing on ‘being fair’ to your children [or other family members] aim to prevent family conflict.

When Was the Last Time You Updated Your Estate Plan?

The only constant over the course of a lifetime is change. For this reason, it’s important to regularly review and update your estate plan, in order to ensure that it truly reflects your current goals. 

This may include revisiting who you are naming to serve as personal representative, particularly if you’ve experienced a change in your personal relationships or family circumstances, such as divorce, estrangement, or the passing of a loved one. 

It is also important to consider naming a successor personal representative, in case your first choice is no longer willing or able to serve. 

Meanwhile, it may also be worth revisiting these important decisions if you acquire new assets, or if your estate becomes more complex for one reason or another. Remember, choosing a personal representative is about choosing the best possible person to manage your estate and fulfill your wishes; this means choosing the person you can trust to capably and expeditiously see their many responsibilities through to the end.

Are They Located Close to the Probate Court?

While physical proximity isn’t necessarily a “make or break” factor in naming a personal representative, it is worth considering — particularly depending on the goals of your will. In particular, if your personal representative will need to gather and catalog a lot of physical assets, or you anticipate them spending a lot of time dealing with matters in the courts, it may be beneficial to turn these important duties over to a trusted adviser who lives in your neighborhood — versus a family member located on the other side of the state (or across the country). 

Looking for Guidance for All Things Estate Planning and Probate?

If you are considering who to name as a personal representative for your estate, it may help to consult with an experienced and knowledgeable probate and estate planning attorney. A skilled and sympathetic attorney can help you understand the unique variables of your situation and create a plan that will suit your needs as you weigh this important decision, along with other crucial estate planning matters — including who to name as a successor trustee, or what powers to delegate to an agent through a durable power of attorney. 

Setting up a last will and planning ahead for probate aren’t always the most pleasant things to think about.  However, it’s very important to take action while you can. If you want to ensure your final wishes are carried out, legal help from our attorney Dean E. Patrick can make that happen. Consulting with Mr. Patricks is the first step in making sure your possessions and the people you care about are taken care of when you’re gone.

Mr. Patrick is knowledgeable on all aspects of Michigan probate and estate planning, with years of experience as a practicing attorney. Whenever you’re ready to get started, he is here to listen, learn more about your circumstances, and start finding a solution to your desired outcome – with the expertise, empathy, intellect, and professionalism your situation requires at every step of the way.

Interested in learning more? Ready to keep the conversation going? If you have any questions, please contact our Southfield, Michigan office at (248) 663-2566 to set up your initial consultation. You may also click here to get in touch online today!

This post has been prepared for general information purposes only. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and electronic mail.  Accessing the content of this site does not create an attorney-client relationship.  Nor, does contacting us create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

The probate court is not a comfortable setting for handling an estate. Not only are the emotions and stress high from losing someone dear, the process can either be long and arduous, quick and painless, or avoided altogether. With that said, many people often wonder just how long the probate process will take, from beginning to end. 

Realistically, the probate process generally takes less than a year — but It’s important to understand that everyone’s journey through the Michigan probate courts will be unique.

“How Long Does Probate Take in Michigan?”

Though there are always certain “benchmarks” that must be hit during estate administration — such as appointing a personal representative, notifying creditors and settling claims to the estate, distributing estate property, and closing the estate — the process is not necessarily always cut-and-dry.

Just as no two people lived the exact same lives, no two estates will ever face the exact same administration process in the courts. 

The length and complexity of probate will come down to many variables, some of which can be hard to predict and control — from the dynamics of the decedent’s family, to the amount of debt that they’re leaving behind, to the estate planning steps they took to simplify or avoid probate ahead of time.

Ultimately, consulting with an experienced and knowledgeable probate and estates attorney may be the best way to gain an understanding of the ins and outs of the process that a decedent’s estate will succumb to in the courts. An attorney can help you get a fuller sense of the probate process, and understand the key benchmarks and timelines to consider — while also addressing concerns such as estate planning and the potential for probate litigation, based on the specifics of your family’s situation. 

Based on the circumstances, completing all of the steps involved in settling an estate may take as little as a few months, or could stretch on for more than a year. The amount of time it may take to complete the probate process will depend on a variety of factors, including (but not limited to):

The size and value of the decedent’s estate

The amount of time it takes to administer an estate may depend in large part on what’s actually included in the estate. For example, it may take longer to inventory and gather estate assets that are particularly complex, such as specialized antiques or rare valuables that need to be appraised by an expert. Similarly, if the decedent owned real estate in multiple states, ancillary probate may be required, which can take time and careful management to complete. 

On the flip side, the estate administration process may be expedited if your loved one left behind a qualifying small estate, eligible for Michigan’s simplified probate procedures. It is important to consult with an attorney to determine whether or not a small estate might qualify to be distributed by court order or summary administrative proceedings. 

Meanwhile, it’s important to remember that there are several types of estate administration used in Michigan, including formal, informal, and supervised administration. The length and complexity of probate may be affected by how much court oversight will be required. 

The extent and quality of the decedent’s estate planning

Estate planning is about taking steps to prepare for what will happen to your most important assets, in the event that you become incapacitated or pass away. Estate planning may involve taking advantage of any number of tools and mechanisms, many of which — including trusts, beneficiary designations, and joint ownership — can help an individual to streamline or even avoid probate. 

As a result, the amount and quality of estate planning that a person takes on when they have the chance may impact how long the probate process will take in the future. For example, for individuals who pass away without a will, the contents of their estate will be subject to Michigan’s laws of intestate succession — essentially meaning that the state will create a will for them. Not only does this mean that one’s assets may not be distributed in line with one’s wishes, but it can also cause the probate process to drag on, particularly if there needs to be a determination of heirs. 

Even if an individual did take some estate planning steps, there may be gaps that can cause the probate process to take longer. Did they fail to account for any important assets? Did they leave room for questions, disputes, or contests to arise? Did they leave unclear or inaccurate paperwork? As an example, it is quite common to see situations where a father tells a son that he is supposed to get “X” amount of the estate — even if his will splits everything evenly. 

The actions of the personal representative and other fiduciaries

Settling an estate promptly will require the action of one or more fiduciaries — including the personal representative of the estate, as well as any trustees. 

The personal representative is the individual (or group) tasked with guiding the decedent’s estate through probate — including filing the will, collecting and inventorying assets, managing claims against the estate, paying taxes and fees, and ultimately distributing estate assets to the proper beneficiaries. 

The probate process may take longer if the decedent did not select a personal representative, meaning that one will have to be appointed. Once a personal representative has accepted the position, they must execute their duties responsibly, effectively, and faithfully. If a personal representative is not responsible about filing paperwork and meeting deadlines, this could cause the estate administration process to drag on.

Probate may also need to extend for longer if the PR (or another fiduciary, such as a trustee or conservator) commits a breach of fiduciary duty — from failing to take proper accounting of the estate, to actively stealing or mismanaging estate property. In such cases, litigation may be required to compel the fiduciary to perform their duties; to remove the fiduciary from their role; or to redress any wrongdoings. 

Contests, disputes, and other issues requiring litigation

Contests to wills, trusts, and beneficiary designations can significantly increase the amount of time it takes to complete probate administration. 

In Michigan, any interested party — including, but not limited to, an heir, a devisee named in the will, a spouse, or a child of the decedent — may challenge the validity of a will on grounds such as undue influence, fraud, incapacity, improper execution, or forgery. 

Disputes to a will may also arise if there are multiple, conflicting wills; missing documents; or notable omissions (such as the decedent’s spouse or one of their children). 

The validity of a trust can be similarly challenged, particularly if certain legal formalities are left incomplete or in question. An interested party may pursue litigation in order to terminate, modify, or reform a trust, or dispute the actions of a trustee.

Litigation may also be necessary if there is a contested guardianship or conservatorship associated with the estate. 

The number and complexity of claims against the estate

Many people tend to think about estate administration as being all about distributing the decedent’s assets. While transferring the estate assets to the decedent’s beneficiaries is certainly an important part of the process, it is also important to remember that probate is also the time to receive and settle claims against the estate. 

In Michigan, there is a set window of time during which the personal representative must reach out to known creditors, and publish notice for unknown creditors to come forward with claims. This notice must include certain relevant information, including the name of the deceased, the name of the personal representative, and the amount of time that creditors have to present their claims before they are barred. Typically, this period for notifying creditors and receiving claims lasts for roughly four months. 

In Michigan, claims against an estate are generally handled in a set order of priority, with estate administration and funeral costs taking the highest position. A fiduciary representing the estate may allow, settle, or disallow a claim. Claims can be contested, particularly if a creditor wishes to dispute the disallowance of a claim, or if a fiduciary must challenge an unreasonable, illegitimate, or inappropriate claim. 

Probate Can Be Complicated. You Don’t Need to Go Through This Difficult Time Alone.

Curious about how long the probate process may take for yourself or a loved one? Interested in learning more about the actions you can take to simplify, streamline, or avoid probate in Michigan? 

As you deal with these important questions, it’s helpful to have an experienced and professional advocate on your side, one who can patiently help you understand the ins and outs of the probate process in your area.

Whether you are a personal representative, an heir, a creditor, a named beneficiary, an omitted child, or a widow/widower, an experienced probate and estate attorney can help address your questions and navigate the process from beginning to end, so that you can secure the best possible outcome for your situation.

If you’re based in Michigan, Attorney Dean E. Patrick can help you gain a better understanding of probate and all that goes into it — including wills, trusts, guardianship, conservatorship, and more.

Mr. Patrick is knowledgeable on all aspects of probate, with years of experience as a practicing attorney. Whenever you’re ready to get started, Dean E. Patrick is here to listen and learn more about your circumstances, and start finding a solution to your desired outcome. If you have any probate-related issue that has interrupted your life, we will work hard to accomplish your goals – providing your matter with the expertise, empathy, intellect, and professionalism it deserves at every step of the way.

Ready to keep the conversation going? The Patrick & Associates, PLLC.. is conveniently located in Southfield, Michigan, close to both Wayne and Oakland Counties. You may click here to arrange your initial consultation or call us at (248) 663-2566 today to learn more.

This post has been prepared for general information purposes only. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and electronic mail.  Accessing the content of this site does not create an attorney-client relationship.  Nor, does contacting us create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

The passing of a loved one is incredibly difficult, and can be made even more so when this tragic loss leads to disagreements and arguments among family and friends. Some matters, such as a will contest, can put family members in opposition to each other — which may add to the level of stress involved in the estate administration process.

In many cases, the terms of a will can be executed smoothly. However, there may also be questions or concerns surrounding a will — such as whether it was created following all legal formalities, whether the document truly is the most current expression of the decedent’s wishes, or if there was fraud, forgery, or undue influence involved in its creation. 

In situations such as these, an interested person involved with the decedent’s estate may wish to contest the validity of the will. Whether you find yourself in a position to contest, dispute, or defend a last will, it’s important to know the ins and outs of this process — including what grounds one might use to contest or dispute a will, how challenges can work, and who you can turn to for help when you need to advocate for your position and represent your interests. 

What Is a Will?

As defined by Michigan’s Estates and Protected Individuals Code (EPIC), a will is a “testamentary instrument” that can serve several important functions, including appointing a personal representative (this is the person who is responsible for settling the decedent’s affairs and overseeing the administration of his or her estate), nominating a guardian, and determining how the decedent’s probate assets will be distributed upon their passing. 

Beneficiaries who are designated to receive real or personal property through the will are known as devisees. The person who creates the will is known as the testator.

When a person dies in Michigan, his or her will must be filed with the probate court for the county in which they resided. This begins the estate administration process, which is often referred to simply as probate. Broadly speaking, this involves gathering the decedent’s assets, paying off or resolving claims to the estate and final expenses, and then distributing any remaining assets to the appropriate people or parties.

If the person passes without a will, this is known as dying intestate. In this event, the probate court will determine how the decedent’s estate will be handled and their property distributed, following a strict order of succession. A person entitled to receive property under the statutes of intestate succession is known as an heir. 

Who Can Contest a Will?

Broadly speaking, for an individual to have standing to contest a will, they must be an “interested person” for the estate. This is a broad category that includes devisees, children, spouses, and intestate heirs — essentially, anyone who has a right in or claim against the estate of the decedent. 

More specifically, a will contest can be filed by a party who would be directly impacted if the will were to be deemed invalid. Most commonly, this refers to devisees listed on the contested will; a beneficiary who was named in a previous version of the will; or an intestate heir who would have been in a position to inherit a share of the estate had the decedent passed without a will, such as an omitted child or spouse. 

It is worth noting that some individuals attempt to execute a “no contest” or “penalty” clause in their will, which purport to penalize an interested person for contesting the will or instituting other proceedings related to the estate. However, Michigan law renders these unenforceable “if probable cause exists for instituting proceedings.”

What Are the Grounds for Contesting a Will in Michigan?

There are several different reasons why a contestant may challenge a will during probate. Most commonly, individuals file contests due to issues in one of the following categories: 

Lack of Testamentary Intent or Capacity

In order for a will to be valid in Michigan, the testator must have sufficient mental capacity at the time of its creation. An individual is said to have sufficient mental capacity to make a will if he or she: 

• Has the ability to understand that they are providing for the disposition of property after death
• Has the ability to know the nature and extent of their property
• Knows “the natural objects of his or her bounty” (that is to say that he or she understands who their surviving relatives are, and who may be entitled to property as an heir)
• Understands in a reasonable manner the general nature and effect of his or her act in signing the will 

Keep in mind that the probate court will be considering the mental capacity and state of mind of the testator at the time that the will was created — not at the time of death. 

Improper Execution

Generally speaking, an individual may have grounds to contest a will if a mistake or error was made when the will was being created. Broadly, Michigan law requires a few components for a will to be valid in most circumstances, including: 

• It must be in writing
• It must be signed by the testator in their own name (or by another individual in the testator’s conscious presence, and with their clear direction)
• It must be signed by at least two individuals, each of whom must sign within a reasonable time of witnessing the signing of the will or receiving the testator’s acknowledgement of the will

The same requirements generally apply for a codicil to a will (this is an update or addition to the will which might clarify, modify, or revoke all or part of it). 

However, Michigan law also makes provisions for other circumstances, which can make determining the most up-to-date and accurate version of a will trickier in some instances. For instance, there is a provision that a document which does not apply with the above standards may still be considered a valid holographic will if it is signed, dated, and written in the testator’s hand. In other cases, a writing may be considered valid if it can be established through clear and convincing evidence that the decedent intended the document to create, alter, or revoke their will. 

Undue Influence or Duress

A contestant may have grounds to dispute a will if they suspect that the testator created it under undue influence or duress. Broadly, this suggests that the testator was manipulated or forced into signing a will against their wishes, usually by someone who would stand to benefit if the will were modified in their favor. Some tactics used to exert undue influence might include physical abuse, threats of violence, blackmail, separating the decedent from their family, or even withholding food or medication. 

Fraud or Forgery

Michigan law is clear that the will must be signed directly by the testator, or under their clear direction. An individual may have grounds to contest a will if they believe that the testator was deliberately tricked into signing the document — for instance, if someone lied to the decedent, telling them they were signing another document instead of a will. Fraud may also apply in situations where someone misrepresents the circumstances and specifics of the will to the testator — for example, by telling them that the document they’re signing says one thing, when it really indicates something else entirely. A contest on the grounds of forgery may apply if someone attempts to create documents under the testator’s name, or if signatures from witnesses have been falsified. A key factor in litigation over a forged will is a handwriting expert. Thus, an attorney’s ability to act quickly and retain a respected handwriting expert is a critical aspect to this type of case.

Revocation

A will may be contested and ultimately rendered invalid if it can be shown that there is another valid will or codicil executed on a later date, which would replace the terms of the earlier document. 

If a person interested in the estate believes that they have grounds to contest a will, they must file their objections with the probate court in writing. Under Michigan law, a contestant of a will has the burden of proof for establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation; they also have “the ultimate burden of persuasion” for the matter.

Getting Help With Will Contests: The Importance of Working with an Experienced Probate Attorney

If you are questioning whether you have grounds for contesting a will or are interested in learning more about the process — including the requirements for filing a challenge or the time frame involved in doing so — it is incredibly important to speak with Dean E. Patrick, an experienced Michigan probate attorney.

The steps involved with contesting a will can be complex and time-intensive. A lawyer skilled in probate litigation can help you understand all of your options and navigate through the probate courts with the guidance and advice your matter requires —from doing research and determining the validity of your contest, to filing the proper paperwork at the right time, to aggressively representing your interests in the courtroom should it become necessary.

If you are facing the possibility of being confronted with an estate, will, or trust contest, you can rely on our firm to aggressively advocate for your position — whether you are a spouse, child, beneficiary, creditor, or personal representative involved in the contested probate matter.

At the Patrick & Associates, PLLC., we put our legal experience and skills together with our commitment to excellence in representing your rights. You can depend on our law firm’s ability to listen to you and our talent for creative strategies. We will be flexible in order to accommodate your needs, and we work hard to discuss these difficult matters in terms that are easy to comprehend. With staff available 24 hours a day, we’re also never far from your questions and concerns. 

If you have further questions or are looking for representation as you navigate Michigan’s tricky probate court system, don’t hesitate to call our Southfield, Michigan office at (248) 663-2566 to set up your initial consultation. You may also click here to get in touch online.

Whether you are an heir or beneficiary to an estate or the personal representative responsible for guiding the decedent’s assets through the probate courts, it’s important to understand the legal aftermath that follows when someone passes away, commonly referred to as probate or estate administration.

Broadly speaking, the term “probate” is often used as a shorthand to refer to the legal process through which a person’s property is gathered and distributed after they pass away. In Michigan, this administration process generally includes:

• Appointing a personal representative to oversee the estate
• Collecting and inventorying the assets of the estate and determining their value
• Paying or resolving the decedent’s debts and final expenses from the estate
• Distributing remaining assets to the appropriate parties, in line with the decedent’s wishes and all applicable laws

Even in the best of circumstances, administering a loved one’s estate can be a complex and emotional process. It can be made even more difficult when issues or complications arise, causing estate administration to drag on for an extended period of time.

Why is this so important to consider? There are both financial and time costs associated with probate, which can become more problematic the longer the process goes on. The longer probate continues, the more time it may take for your loved ones to get access to their share of the estate — making an already tough transition even harder to manage. Meanwhile, an extended probate can cost more in court fees and administration fees — while causing distress and potentially deepening family conflicts, which can take an emotional toll on all involved.

Realistically, the uncontested probate process in Michigan typically takes less than a year. However, the length of time needed to fully administer an estate will vary from case to case, and can be influenced by any number of factors — including (but certainly not limited to) the size of the estate, the complexity of the estate assets, the amount of planning done by the decedent, the competence and efficacy of the personal representative, the number of parties involved (including heirs, beneficiaries, and creditors of the estate), and the likelihood of family conflicts or disagreements.

Curious about specific issues that might arise during estate administration? While everyone’s experiences will be unique, here are some common examples of situations that can cause probate to drag on and become more expensive:

The Personal Representative Is Not Fulfilling His or Her Duties

The personal representative for an estate is tasked with many important responsibilities, and expected to execute them to a high level. Like a trustee or a conservator, the personal representative is a fiduciary, meaning that he or she is expected to place the best interests of the estate above their own.

If the decedent did not name a personal representative in their will, it may take time to find someone who will serve, particularly if there are disagreements over who should be appointed. The personal representative may also be slow to carry out their duties, or make mistakes that drag out the process or even cause financial damage to the estate, such as failing to take a full accounting of the estate assets, or mishandling property or funds.

If a personal representative is mishandling the estate, failing to comply with the decedent’s instructions, or not living up to their obligations under the law, they may be penalized for breach of fiduciary duty, including being removed from their role as PR.

There Are Contests or Disputes to a Will or Trust

In Michigan, wills and trusts are popular estate planning tools — and contests and disputes to wills and trusts are among the most common sources for litigation during probate.

An interested party — including, but not limited to, an heir, a devisee named in the will, a spouse, or a child of the decedent — may challenge the validity of will on the grounds of undue influence, fraud, incapacity, improper execution, or forgery. If there are conflicting wills or missing documents, this can lead to disputes, as well. Contests may also arise when the decedent omits their spouse or one or more children from a will.

The validity of a trust can be similarly challenged, particularly if certain legal formalities are left incomplete. An interested party may pursue litigation in order to terminate, modify, or reform a trust, or dispute the actions of a trustee.

The Decedent Owned Property In Multiple States

The more complex or unusual the assets in an estate, the more complicated, and time-intensive, probate can become. In particular, the estate administration process can become more complicated when the decedent owns real estate in multiple states.

Foreign real estate is not subject to jurisdiction of the primary probate court. As a result, such situations require a separate probate proceeding typically called an ancillary probate, which must be addressed in each state where the decedent’s real property is located. Without an ancillary estate opened for each state, the Michigan personal representative cannot effectively convey property and a cloud on title could result.

There Are Numerous Claims from Creditors

Settling creditor claims is an important part of administering an estate. It is the duty of the personal representative to publish notice to creditors of the estate, process the payment of all valid claims, and give notice to creditors if their claims are being disallowed. The PR is also responsible for filing and paying taxes on behalf of both the decedent and the estate.

An estate may need to remain open if the PR fails to carry out any of these duties. The personal representative or other fiduciaries representing the estate may need to challenge creditors claims if they are unreasonable, illegitimate or inappropriate, or if there are any outstanding questions or disputes with creditors that need to be resolved.

The Decedent’s Estate Plan Is Incomplete, Out of Date, or Unclear

Thorough and comprehensive estate planning can simplify and streamline probate for everyone involved. However, if the decedent’s estate plan is out of date, ambiguous, or incomplete, it can throw a major wrench in the gears.

An incomplete estate plan leaves more room for disputes and family conflicts, particularly if a spouse or child believes that they were omitted accidentally. A determination of heirs may be necessary if the decedent’s will is unclear or incomplete, or if he or she leaves many assets that will need to be distributed in line with Michigan intestacy laws.

Administering an estate can also be made more difficult if the decedent does not choose a suitable fiduciary —that is, one who is reliable, trustworthy, skilled, and communicative. Similarly, if the decedent has not updated their will or trust to represent changes in their personal circumstances — for instance, to make adjustments for a beneficiary who has passed, or acknowledge a change in their relationship with their loved ones — this can make for a much longer and more complex administration.

Navigating Estate Administration from Beginning to End: The Importance of Working with an Experienced Probate Attorney

Even under the best of circumstances, facing probate can be a difficult proposition, particularly when you enter this challenging period alone.

Whether you are a personal representative, an heir, a creditor, or a named beneficiary, the knowledge and guidance of an experienced probate attorney can help you understand your rights and duties and the ins and outs of this important process, while also giving you a supportive ally as you recover from grief and move forward.

If you are currently dealing with the legal aftermath following the passing of a loved one, Attorney Dean E. Patrick can provide the assistance and support that you need as an estate, contested or not, is guided through the Michigan probate courts. For fiduciaries, our office can provide informed professional advice to guide you through the legal process, explain your legal obligations, and help you discharge your duties in an efficient and expedient manner to avoid personal liability.

Interested in taking steps to make estate administration simpler and more efficient for your loved ones down the line? Mr. Patrick can also help you set a plan for you and your loved ones. His knowledge of Michigan probate law ensures you will get the legal help you need when it’s time to take care of your estate planning, including wills, trusts, and powers of attorney.

At the Patrick & Associates, PLLC., we put our legal experience and skills together with our commitment to excellence in representing your rights. You can depend on our law firm’s ability to listen to you and our talent for creative strategies as we help you navigate probate, including (but not limited to) general probate litigation, wills and trusts contests, beneficiary disputes, guardianships, and conservatorships.

Have any more questions? Ready to get started? Contact Dean E. Patrick at his Southfield office at (248) 663-2566, or click here to arrange your initial consultation.

In Metro Detroit and the State of Michigan, the probate courts oversee special types of cases involving estates and trusts, as well as the protection of minors and incapacitated adults through guardianships and conservatorships. Any lawsuits, claims, contests, or disputes relating to those issues may broadly be said to fall under the umbrella of “probate litigation.”

Typically, probate litigation refers to conflicts, claims, and disputes that come up in cases involving aging, incapacity, and death.

Probate litigation may involve contesting or defending the validity of a decedent’s will or trust or a beneficiary designation. Similarly, it may involve challenging or defending the appointment and actions of a personal representative, trustee, or other fiduciary working on behalf of an estate. Probate litigation may also be necessary in situations where someone is still living – particularly if there are disagreements to be settled over guardianship and conservatorship issues, advanced directives, powers of attorney, or any other questions stemming from an adult’s inability to make or communicate decisions for themselves.

In some cases, these family conflicts and disputes may be resolved privately, outside of the courts. However, litigation may be necessary when different interested parties can’t work out an agreement on their own and need the oversight and authority of a judge.

Common Situations Requiring Probate Litigation

Probate litigation is a very broad category, and may refer to any number of unique and personal  situations. Here are a few common examples of when probate litigation may come into play in Michigan:

Breach of Fiduciary Duty

Probate litigation may be used in situations where a fiduciary acting on behalf of an estate fails to comply with the decedent’s instructions, or their obligations under the law.

This category includes personal representatives, who are tasked with inventorying, accounting for, and administering the decedent’s estate. The need for litigation may arise when a personal representative or trustee fails to carry out his or her duties in a way that is damaging to the estate (such as failing to take a full accounting of the estate assets, or mismanaging property or funds).

Similarly, litigation may be needed in cases where trustees and conservators fail to fulfill their fiduciary duties. In cases such as these, litigation may be used to order the fiduciary to take a required action. Litigation may also be used to compel accountings to uncover bad acts, to seek the removal of the fiduciary, appoint a new fiduciary, and recover any damages caused by the fiduciary’s actions by way of surcharge.

Contests and Disputes to Wills

Will disputes and contests are among the most common causes for probate litigation. An interested party may contest the validity of a decedent’s will based on any number of challenges – including allegations of coercion or undue influence; incapacity; fraud; improper execution; or forgery. Will disputes may also come up if there are conflicting wills, or a missing will. Will disputes also tend to stem from omitted spouses and children, or in cases where there needs to be a determination of heirs.

Contests and Disputes to Trusts

Trusts are popular estate planning tools, which can allow assets to bypass the costly and time-intensive probate process. However, there may be contests and disputes to the validity of a trust, particularly if certain legal formalities are overlooked or left incomplete. An interested party may pursue litigation in order to seek the termination, modification, or reformation of a trust, or to dispute the appointment and actions of a trustee.

Incapacity

Litigation may occur in situations where a beneficiary or heir seeks to challenge validity of the decedent’s estate planning documents or other asset transfer mechanisms out of the belief that they were made while decedent was incapacitated. This may be because the decedent immediately updated their will prior to their passing, excluding certain family members or benefiting other parties disproportionately. Probate litigation may also come up if there are disputes or disagreements stemming from matters relating to powers of attorney or healthcare directives.

Guardianship Proceedings

Guardianship is established in probate court to oversee the well-being of individuals who cannot make informed general care and control decisions for themselves. Guardianship can apply to both minors and incapacitated adults. Litigation usually occurs if there are questions of whether or not a guardian is necessary based on the circumstances, or disagreements and objections over who should serve as the guardian to an incapacitated adult or minor. Litigation may also be used to challenge the actions of an appointed guardian if the execution of their responsibilities is inadequate or inappropriate.

Conservatorship Proceedings

A conservator is a person appointed by a court to manage a protected individual’s estate (assets). If a situation arises when an individual can no longer effectively manage his or her own finances, a conservatorship may be established through the probate court. If appointed, a conservator is charged with managing the finances of the individual. There are many matters relating to conservatorship that may need to be settled through the probate court system, including terminating, modifying, or contesting/defending a conservatorship appointment. Litigation may be necessary to remove an acting conservator who is failing in their duties.

Is Probate Litigation In Your Future? Risk Factors to Plan For

Everyone’s circumstances are different. Just as no two people are exactly alike, no two journeys through the probate process will ever be the same. With that said, however, there are certainly some factors which can make the possibility for probate litigation more likely, including:

• A history of family conflicts and sibling disputes
• Having multiple marriages; or serving as a representative of an estate for someone who has been married multiple times without prenuptial agreements
• Failing to create a basic estate plan
• Creating an estate plan with many complex or unclear elements
• Taking steps in your estate plan to deliberately omit or favor certain family members, or make gifts to unexpected sources (caregivers, unmarried partners, charities, etc.)
• Failing to choose a trustworthy, skilled, and communicative fiduciary (such as a personal representative or trustee) to act on your behalf

The Importance of Working With an Experienced Probate Litigation Attorney

Coming to terms with a loved one’s passing is a difficult and emotional process – and one that is only made more fraught when you need to deal with intricate legal matters at the same time.

Probate litigation can cause emotions to run high, and lead to intense family arguments. Litigation will also require an understanding of extremely complex legal matters, as well as the specific laws for your state and county, and how they may apply based on your unique situation.

Throughout this trying time, it’s important to have an experienced and professional advocate on your side, one who can patiently help you understand the ins and outs of the probate process in your area.

Whether you are a personal representative, an heir, a creditor, a named beneficiary, an omitted child, or a widow/widower, a probate litigation attorney in your area can help address your questions and navigate the litigation process, so that you can secure the best possible outcome for your situation.

If you’re based in Michigan, Attorney Dean E. Patrick can help you gain a better understanding of probate litigation, including will and trust contests, guardianship establishment and proceedings, and conservatorship establishment and proceedings.

Mr. Patrick is knowledgeable on all aspects of probate, with years of experience as a practicing attorney. Whenever you’re ready to get started, Dean E. Patrick is here to listen and learn more about your circumstances, and start finding a solution to your desired outcome. If you have any probate-related issue that has interrupted your life, we will work hard to accomplish your goals – with expertise, empathy, intellect, and professionalism at every step of the way.

Ready to keep the conversation going? The Patrick & Associates, PLLC.. is conveniently located in Southfield, Michigan, close to both Wayne and Oakland Counties. You may click here to arrange your consultation initial consultation or call us at (248) 663-2566 today to learn more about how we can help.

When someone passes away, they leave behind a lifetime’ worth of property, financial accounts, and other assets, known as their estate. Probate and estate administration are meant to help settle all matters related to a person’s estate under the guidance of Michigan Law and supervision of the courts, in order to minimize the potential for fraud and manage unexpected complications as they arise.

What Does Probate Mean in Michigan?

While the probate court has broad jurisdiction to handles matters related to deceased estates, trust estates, guardianships, and conservatorship, this article focuses on probate relating to deceased estates.

Black’s Law Dictionary defines probate, used as a noun, as “[t]he judicial procedure by which a testamentary document is established to be a valid will; the proving of a will to the satisfaction of the court.”  That’s mumbo jumbo for having a last will, if there is one, admitted to court so that administration can begin.

In the minds of most, probate as is typically thought of as in its verb form.  That is the court process through which a person’s property is gathered and distributed after they pass away. The probate process is required in order to open and administer the estate of the deceased person, also known as the decedent.

In broad strokes, estate administration typically involves a few key pieces, including:

• Appointing a personal representative to oversee the estate
• Gathering the assets of the estate and determining their value
• Paying the decedent’s debts and final expenses from the estate
• Distributing remaining assets to the appropriate people or entities, in line with the decedent’s wishes and all relevant local laws

Do All Estates Go Through Probate?

While probate is quite common, there are situations in which probate may be avoided after an individual’s death, based on several factors. Taking steps to avoid probate — or, at the very least, to streamline or simplify the process — will often be a key consideration when estate planning, which is the process of preparing financially and personally for death or incapacity.

Broadly speaking, probate is meant to oversee specific types of assets — namely, assets owned in the decedent’s name alone, with no stated beneficiary.

This means that many common types of assets automatically avoid probate in most cases, including:

Property owned as joint tenants or tenants by the entirety.

Assets owned through joint tenancy with rights of survivorship automatically transfer to the surviving co-owner upon the decedent’s death. Tenancy by the entirety operates similarly to joint tenancy except it is only available to married couples in Michigan.

Assets placed in a trust.

Many individuals set up a revocable living trust to help assets avoid probate. Any assets placed into a trust bypass probate, and are instead managed and distributed by a trustee, who is named by the person who established the trust (also known as the settlor or grantor). There are also specific types of trusts which can be used to allocate money for charity, provide for future beneficiaries with special needs, or even allocate resources for the well-being of a pet.

Financial accounts, assets, and policies with a beneficiary designation.

Many types of financial accounts and assets — including retirement accounts, life insurance policies, bank accounts, and securities — can be set up with a designated payable-on-death beneficiary. If set up properly, this means that the account assets or policy proceeds go to the named beneficiaries upon the death of the account owner or policy holder.

If a person passes away leaving behind an estate that falls below a certain financial threshold, the estate may be administered in such a way that the courts are not involved (or their involvement will be significantly limited). It is important to consult with a lawyer to gain a better understanding of the process for administering a small estate in Michigan, including the most up-to-date values for when an estate may qualify for the simplified small estate process.

Probate will almost always be required in situations where the decedent has assets in his name alone at the time of death but he left only a will, or no will at all, to direct the disposition of those assets. In cases where there is no will, the laws for intestate succession (legalese for the State of Michigan making a will for you) go into effect.   Depending on the circumstances this can lead the court to become closely involved in overseeing the collection and distribution of all estate assets.

If you do have a will, it must be administered by the probate court. However, there are other mechanisms you can put in place in addition to your will, including a trust, which can simplify and expedite the process and minimize the risk for disputes and contests.

Formal, Informal, and Simplified Probate

In researching Michigan probate, you may come across a few key terms — including “formal” or  “informal” probate and “supervised” or “unsupervised” administration. These are all different ways through which probate may be administered under the Estates and Protected Individuals Code (EPIC), which governs matters pertaining to the administration of estates of deceased and protected persons in Michigan.

EPIC indicates that the proceeding used in a given case will reflect a judgment by the personal representative and the attorney as to the degree of protection needed under the circumstances.

Under EPIC, the basic options are:

Formal Proceedings

Under EPIC, formal proceedings are desirable when there is a need for immediate certainty or when there is a conflict among interested parties. Formal proceedings typically include many more steps than informal proceedings, And, formal probate proceedings include more time spent in front of a probate court judge, who must oversee and approve many of the actions taken by the appointed personal representative.  The formal approach results in an order of the court so a personal representative can move forward without concern of later lawsuits against them.

Informal Proceedings

Informal proceedings typically involve fewer steps and less time in the courts than formal proceedings —but there are still many important moving parts to consider. Generally speaking, informal proceedings are used in situations where probate is expected to be somewhat simpler — whether due to fewer creditors to the estate or more agreement between surviving friends and family. In informal proceedings, the personal representative has more consultationdom and authority to act on behalf of the estate.

Supervised Administration

Under EPIC, supervised administration provides a single, comprehensive settlement process under which the court must, in a formal proceeding, oversee and approve all aspects of the administration process — including the validity of the decedent’s will, the personal representative’s priority and qualification to serve, and all distribution of assets.

Understanding the distinction between these proceedings can be complex. A local attorney can help you gain a better understanding of the entire estate administration process, and how it may play out based on your specific circumstances.

Probate: The Timeline and Associated Costs

While no two individuals’ experiences with probate will occur in exactly the same way, there are a few general benchmarks and questions to be aware of. Many people try to avoid probate because of their concerns about how long the process will take, as well as the costs and fees associated with probate.

In short, there are certainly financial and personal costs associated with probate which you may wish to prepare for in advance.

Realistically, the probate process typically takes less than a year, but probate can be avoided or shortened if initial planning steps are taken and the matter remains uncontested. Probate will likely take longer if there are administration issues that arise, including contests or disputes to trusts,wills, joint accounts, and beneficiary designations. Typical monetary costs involved in probate may include court costs, administration fees, and appraisal fees.

Many people are also concerned about their privacy in probate. Court records associated with probate are public, and people can access information regarding the value of the estate, the name and contact information of the beneficiaries, and other private details.  With proper planning you can preserve the privacy of your loved ones.

When Probate Becomes Complicated

As alluded to so far, probate can be a fairly straightforward process, but there are also many circumstances in which it is very far from cut-and-dry. It’s important to be aware of all possibilities and outcomes in complicated and contested probate matters.  In these situations, you must find a legal professional who can competently help you navigate the ups and downs of the probate process at every step of the way.

Probate is typically much more complex if there is conflict among the decedent’s heirs/ beneficiaries, or if it is not made clear who should receive estate assets. The decedent’s estate planning documents may be incomplete or inaccurate, leading to confusion and frustration, particularly if there must be a determination of heirs.  And all to often, we have a client walk into our office stating that although the will directs everything equally amongst the surviving children, “dad” told him he was to receive the expensive “you fill in the blank.”

Similarly, probate can be made far more fraught if there are questions surrounding the decedent’s passing — including wrongful death or abuse while the decedent was incapacitated — or if there are lingering questions about their estate planning documents, such as whether there was fraud or undue influence from an outside source.

There may even be complications with the personal representative which must be addressed, such as a breach of fiduciary duty or problems with the estate accountings.

The Importance of Working with an Experienced Michigan Probate Attorney

Even under the best of circumstances, probate can be difficult to handle on your own. Whether you are a personal representative, an heir, a creditor, a named beneficiary, or a person who knows the deceased was taken advantage of before their death, the knowledge and guidance of an experienced probate attorney can help you understand the intricacies of this important process, while also giving you a supportive ally as you recover from grief and pursue justice for your loved one.

If you are currently dealing with the legal aftermath following the passing of a loved one, Attorney Dean E. Patrick can provide the assistance and support that you need as an estate, contested or not, is guided through the Michigan probate courts.

At the Patrick & Associates, PLLC., we put our legal experience and skills together with our commitment to excellence in representing your rights. You can depend on our law firm’s ability to listen to you and our talent for creative strategies as we help you navigate probate, including (but not limited to) general probate litigation, wills and trusts contests, beneficiary disputes, guardianships, and conservatorships.

Have any more questions? Ready to get started? Contact Dean E. Patrick at his Southfield office at (248) 663-2566, or click here to learn more or arrange your consultation initial consultation. Our staff is available 24/7 to answer any questions and help you with your legal matters.