Probate
Set up a 15-minute intake call or call me at 248-206-5905 today to discuss your probate needs. Let me take this burden away from you while you are grieving the loss of your loved one.
Losing a family member is difficult enough without having to figure out court filings, creditor claims, property transfers, and the legal requirements of administering an estate.
At Kata Law PLLC, I help families throughout Michigan navigate the probate process from beginning to end. Whether you have been named personal representative in a will, a family member died without a will, or you simply do not know what needs to happen next, I can help you determine whether probate is necessary and guide you through each step of the process.
My goal is to take as much of the legal burden off your shoulders as possible so you can focus on your family while knowing that the estate is being handled properly.
Schedule a 15-minute intake call or call 248-206-5905 to discuss your probate matter.
What Is Probate?
Probate is the court-supervised legal process used to administer certain assets after someone dies.
If probate is necessary, the probate court appoints a personal representative—sometimes referred to as an executor—to administer the deceased person's estate. The personal representative is responsible for identifying and protecting estate assets, addressing valid debts and creditor claims, and ultimately distributing the remaining property to the appropriate beneficiaries or heirs.
If the deceased person left a valid will, the estate is generally distributed according to the terms of that will. If there is no will, Michigan law determines who inherits the probate estate.
Having a will does not automatically avoid probate. A will tells the probate court how the estate should be administered and distributed, but assets governed by the will generally still pass through probate.
Does Every Estate Have to Go Through Probate?
No. One of the first things I do when speaking with a family is determine whether a probate estate actually needs to be opened.
Probate generally applies only to assets that were owned by the deceased person individually and that do not have another method of transferring ownership at death.
For example, probate may not be necessary for assets that:
Are owned jointly with rights of survivorship;
Have a valid beneficiary or payable-on-death designation;
Are held in a properly funded trust;
Pass through a transfer-on-death arrangement; or
Qualify for one of Michigan's simplified procedures for smaller estates.
On the other hand, if someone dies owning a home, bank account, vehicle, investment account, or other property solely in his or her name without a beneficiary or other method of transferring ownership, probate may be necessary.
Before opening an estate, it is important to identify exactly what the deceased person owned and how each asset was titled.
What If There Is No Will?
A common misconception is that the State of Michigan takes your property if you die without a will. That is generally not what happens.
When someone dies without a valid will, they are considered to have died intestate. Michigan's intestacy laws then determine who inherits the probate estate.
Depending on the person's family circumstances, that may include a surviving spouse, children, grandchildren, parents, siblings, or more distant relatives.
Probate can still proceed without a will. The primary difference is that Michigan law, rather than the deceased person's will, determines who is entitled to inherit.
The Michigan Probate Process
Every estate is different, but most Michigan probate administrations involve several common steps.
Step 1: Determine Whether Probate Is Necessary
Before filing anything with the probate court, the deceased person's assets should be reviewed to determine which assets actually require probate.
This can include reviewing deeds, bank accounts, investment accounts, beneficiary designations, vehicle titles, trusts, and other property.
Sometimes a family believes probate is necessary when the assets can actually be transferred another way. In other situations, opening a probate estate is the only practical way to obtain legal authority over property that was left in the deceased person's name.
Step 2: Open the Probate Estate
If probate is required, documents are filed with the probate court in the county where the deceased person was domiciled.
Depending on the circumstances, the estate may proceed through informal probate or formal probate.
The original will, if one exists, generally must be submitted to the probate court. Additional documents are filed to begin the estate and request appointment of a personal representative.
Step 3: Appoint the Personal Representative
The personal representative is the person legally authorized to act on behalf of the estate.
A will often nominates the person the deceased wanted to serve. If there is no will—or the nominated person cannot or will not serve—Michigan law establishes who has priority for appointment.
Once appointed, the personal representative can obtain the legal authority necessary to handle estate matters, such as accessing accounts, dealing with financial institutions, selling property when appropriate, and transferring assets.
Step 4: Identify and Protect Estate Assets
The personal representative must identify the property belonging to the estate and take reasonable steps to protect it.
Depending on the estate, this might include:
Locating bank and investment accounts;
Securing a home or other real estate;
Maintaining insurance on estate property;
Collecting money owed to the deceased person;
Managing vehicles and personal property;
Obtaining date-of-death values; and
Opening an estate bank account.
An inventory of the probate assets and their values must also generally be prepared as part of the administration.
Step 5: Address Creditors and Debts
One of the most important parts of probate is properly handling the deceased person's debts.
The personal representative may need to provide notice to known creditors and publish notice to potential unknown creditors. Michigan probate law establishes procedures and deadlines for creditors to submit claims against the estate.
Not every bill or demand for payment should simply be paid as soon as it arrives. Claims should be reviewed to determine whether they are valid, timely, and entitled to payment from estate assets.
This is especially important when there may not be enough money in the estate to pay every creditor.
Step 6: Handle the Home and Other Real Estate
Real estate is often the largest asset in a probate estate.
Depending on the will, the heirs, and the circumstances of the estate, a home may need to be transferred to beneficiaries or sold.
If a sale is necessary, the personal representative may need to address issues such as maintaining insurance, preparing the property for sale, dealing with personal belongings, signing listing and closing documents, paying expenses, and ultimately accounting for the sale proceeds.
I can help the personal representative determine what authority is needed and how the property should be handled as part of the estate.
Step 7: Pay Appropriate Expenses, Debts, and Taxes
Before making final distributions to beneficiaries, the personal representative must make sure the estate's obligations have been properly addressed.
Depending on the estate, this can include funeral expenses, administration expenses, valid creditor claims, property expenses, and applicable taxes.
The personal representative should be careful about distributing estate assets too early. If money is distributed and a legitimate estate obligation later arises, it can create unnecessary problems for the personal representative and beneficiaries.
Step 8: Distribute the Estate
After the administration is substantially complete and appropriate debts and expenses have been addressed, the remaining estate assets can be distributed.
If there is a will, distributions are generally made according to its terms.
If there is no will, Michigan's intestacy laws determine the heirs and their respective shares.
Step 9: Close the Probate Estate
The final step is completing the remaining probate requirements and closing the estate.
The exact procedure depends on how the estate was administered and whether any disputes or unresolved issues remain.
Once the required administration has been completed, the personal representative can be discharged and the probate estate closed.
What Does a Personal Representative Have to Do?
Serving as personal representative involves more than simply dividing up someone's property.
A personal representative is a fiduciary and has legal responsibilities to the estate and the people interested in it. Depending on the circumstances, those responsibilities can include:
Filing required probate documents;
Identifying heirs and beneficiaries;
Providing required notices;
Locating and protecting estate property;
Preparing an inventory;
Maintaining appropriate records;
Handling creditor claims;
Paying legitimate estate expenses;
Managing or selling real estate;
Filing appropriate tax returns;
Distributing estate property; and
Properly closing the estate.
For someone who has never handled a probate estate before, it can be difficult to know what needs to be done, in what order, and what should be filed with the court.
That is where having an experienced probate attorney can make the process significantly easier.
How Can a Probate Attorney Help?
You do not have to figure out the probate process by yourself.
I can assist with the legal aspects of the administration from the initial court filing through the closing of the estate, including:
Determining whether probate is necessary;
Opening the probate estate;
Obtaining appointment of the personal representative;
Preparing and filing probate court documents;
Identifying heirs and interested persons;
Advising the personal representative regarding his or her legal duties;
Handling creditor notice and claims;
Addressing issues involving estate real estate;
Assisting with the sale or transfer of estate property;
Preparing required probate filings;
Advising regarding distributions to beneficiaries; and
Closing the estate when administration is complete.
Instead of trying to determine which forms to file and what the court requires at every stage, you can have an attorney guide the administration and help make sure important steps are not overlooked.
Common Michigan Probate Questions
How Long Does Probate Take?
There is no single timeline that applies to every probate estate.
A relatively straightforward estate may be completed much more quickly than an estate involving real estate sales, creditor disputes, difficult-to-locate heirs, tax issues, disagreements among family members, or litigation.
Michigan's creditor process also creates waiting periods that can affect when an estate can safely be completed.
At the beginning of the case, I can help you understand what issues are likely to affect the timeline for your particular estate.
Can a House Be Sold During Probate?
Yes. In many probate estates, the deceased person's home is sold during the administration.
The personal representative's authority and the proper procedure depend on the circumstances of the estate, including the will and the type of probate administration.
If the estate includes real property, I can help guide the personal representative through the probate issues involved in preparing for and completing the sale.
Am I Personally Responsible for the Deceased Person's Debts?
Simply being an heir or beneficiary generally does not make you personally responsible for another person's debts.
Instead, valid debts are generally claims against the deceased person's estate.
The personal representative does, however, have important responsibilities when handling creditor claims and distributing estate assets. This is one reason it is important to follow the proper probate procedures before distributing all of the estate's money or property.
What If Family Members Disagree?
Disagreements sometimes arise over who should serve as personal representative, whether a will is valid, who owns particular property, how property should be distributed, or whether the personal representative is properly administering the estate.
Some disputes can be resolved without extensive court involvement. Others may require formal probate proceedings or litigation.
Addressing disagreements early can often prevent an already difficult situation from becoming more complicated.
You Don't Have to Navigate Probate Alone
If someone close to you has died and you are unsure what to do next, you do not need to understand the entire probate process before contacting an attorney.
Bring me what you have—a will if you found one, information about the deceased person's assets, and whatever questions you have. I can help you determine what needs to happen next.
At Kata Law PLLC, my goal is to make probate as straightforward as possible, guide you through the legal requirements, and take as much of the burden of administering the estate off your shoulders as I can.
Schedule a 15-minute intake call today or call 248-206-5905 to discuss your Michigan probate matter.