When a person dies in Michigan, probate courts oversee the interpretation of the will and the distribution of the decedent's assets. If the person died without leaving a will (intestate), then their estate is dispersed according to the laws of Michigan probate. Probate laws can sometimes be heartless, so if you wish to have your estate distributed amongst your heirs as you wish, and not how the courts dictate, it is best to learn everything you can about how to avoid the undesirable event of your estate being placed in Michigan probate.
When someone dies, a petition is filed with the courts to have their estate settled. Creditors and inheritors are notified, and the legal process of settling debts, paying any due taxes, and distributing assets to heirs begins. The petition is filed in the county in which the deceased lived at their time of death. In Michigan, probate administration may not always be necessary, especially if the individual owned no property or had any other assets in their name alone. An example would be if a married couple owned everything together, if one of the couple dies, ownership of the property or other asset passes automatically to the remaining partner, and there is no need for probate.
Much of an estate can be eaten up by the Michigan probate process if a person does not have a good understanding of the general procedure. It is always a good idea to hire a competent Michigan probate attorney to assist you when dealing with probate, and other professionals such as an accountant may be required. The more effort spent complying with probate requirements, the more you will spend on lawyers fees, but that can be balanced out by property and money saved and taxes avoided. Avoiding probate won't completely eliminate attorney fees; however it will reduce the cost of your probate administration fees.
There are a number of ways that the Michigan probate process can be avoided, however it is highly advisable to have the planning of your estate overseen by a probate lawyer. This is not legal advice, but an overview of ways a person can avoid having their estate go to probate. As mentioned above, if a person dies owning nothing in their name, there is no need for probate. But there are ways for property owners to avoid, and minimize the extent to which their estate is subject to the Michigan probate process. Some of these are as follows:
It is wise to avoid certain aspects of the Michigan probate process, but before putting pen to paper, you should discuss any plans with an attorney well versed in Michigan probate law. Many options have excellent benefits, but may carry their own disadvantages as well, and there is no substitute for the experience and knowledge of a well qualified attorney.
|1||Wrongful Death, Mesothelioma Advice Articles - helpful articles to guide you through the legal and emotional aspects wrongful death|
|2||Wills Online, Wills and Living Trusts, and Estate Planning Advice Articles what you need to know about online wills and living trusts|
|2||Probate Laws, Probate Court, Probate Attorney Advice Articles how to avoid probate, what is probate and how to get a good probate attorney|
|3||Funeral Advice Articles what you need to know about preparing for a funeral|
|5||Ordering Flowers Online Advice Articles where is the best place to order flowers online|
|6||Articles By Category a categorized list of articles on ObituariesHelp.org|