How The Michigan probate process Works
Probate is the court-monitored legal process which verifies the authenticity of a will. It does not affect all aspects of a person’s estate. For example, life insurance policy is a non-probate asset that is paid directly to the beneficiary. A person’s will is filed with the probate court upon the death of that person, and legitimacy of that will is settled on. All property, claims and debts of the estate are listed and assessed. All legitimate claims of the estate are settled, and the rest is allocated to beneficiaries in accordance of the will. If you are presently in a situation where you’ll have to deal with a probate or estate connected issue it is essential that you consult Michigan probate attorneys who are well conversant of Michigan probate law.
Things to be done after death of a family member
Time of death of a family member is probably the most crucial time of a Probate process. At this period, your goal would be to locate will of the decedent and marshal his/her assets to stay away from any mishandling of the estate. The following measures can be taken:
• Look for and protect the Will and other documents related to estate planning. If a will is found, recognize and make contact with the Executor mentioned in the Will. You should take measures to file the original Will to the clerk of the court within thirty days of the death of the decedent.
• If no Will is found, an Administrator will have to be appointed and endorsed by the court to continue the Probate process. Usually, the decedent’s heirs will appoint and approve a person as an Administrator. The Administrator can be a corporate fiduciary or an individual. To be selected as an Administrator, a person must be a resident of Michigan, at least eighteen years of age, and have not been convicted of a felony. If the Administrator is a corporate fiduciary, for example, a Michigan Trust attorney, the fiduciary needs to be licensed to do such dealing in the State of Michigan.
• The Administrator or the Executor should appoint a Michigan probate attorney to file the required probate pleadings to protect the assets and check any dissipation.
• The Administrator or Executor should also make a list of the assets, start searching who are the creditors of the estate, marshal and protect valuable assets, collect several death certificates for transfers of assets, and inform the heirs that the probate process has started.
Michigan probate law
There are two major technical issues of Michigan probate law: the first one is a time limitation which is applicable in many events. These deadlines are to be followed. The second technical issue is writing of formal legal documents like petitions, affidavits, requests, orders, inventories, etc. If you are not familiar in writing formal legal documents, you can think hiring a Michigan probate lawyer to do these jobs, for the procedures set by the state must be followed accurately.
When the court determines a time and place for the hearing, the formal testacy proceeding commences. Petitions must provide notice in the way it is mentioned in the statutes of Michigan. Such notices will be sent out to the heirs of the decedent, the devisees and personal representatives mentioned in the will.
If the decedent’s surviving spouse does not make an “election”, which means publicly admit that he/ she will take the share provided by the will, the court make a presumption that the spouse elects such share. It will also be a good initiative to be acquainted with the regulations for after-born heirs in Michigan state probate laws. If a woman is pregnant at the time her husband dies, the unborn child will be regarded as a living child if the child lives more than one hundred twenty hours after birth.
Contact Goldman & Associates for a Free Consultation
For your convenience, each Michigan durable power of attorney offers a free phone consultation. Contact us today by calling (248) 588-3333 or (877) 737-8800 toll-free. An experienced Michigan power of attorney lawyer is waiting to speak with you about your legal matters.