Michigan Probate Court – A Brief Overview of Michigan Probate Court

The major function of the Michigan Probate Court is to oversee the settlement of deceased estates. There is a probate court for every county in Michigan except the ten counties that have been consolidated into five probate districts. There is a single probate judge who presides over each district, while those that have been consolidated retain one or more judges, depending on the size of the district's population. The Michigan Probate Court exercises authority over trusts, conservatorships, guardianships, estates, and mental competency proceedings. Let's take a closer look at theses individual elements of the Michigan Probate Court.

Estate Proceedings and the Michigan Probate Court

A primary purpose of the Michigan Probate Court is to administrate the affairs of deceased estates. When a person dies without leaving a will, this is especially important, as their assets must then be distributed amongst their heirs according to the letter of the law. In the event a person leaves a will, the probate court must still verify that will, and ensure that rights to their estate are passed to the correct beneficiaries. Probably the most important accomplishment of probate is that it establishes a legal record of property ownership and legal status.

Conservatorships, Guardianships and the Michigan Probate Court

The appointment of conservators and guardians is also overseen by the Michigan Probate Court. Conservators and Guardians are duly elected responsible and healthy adults who are elected to oversee the needs of incapacitated minors and adults who aren't capable of making their own sound decisions. A presiding judge will first establish whether a person's impairment is; physical, mental, or legal, after which a guardian is appointed to make decisions concerning his or her personal life and health, or a conservator is elected to oversee the administration of their property.

A conservator is subsequently responsible for filing annual reports with the Michigan Probate Court. Guardianships are generally reviewed by the court at the end of a year, up to the age of 6 for minors, and every 3 years for incapacitated adults.

Mental Health Hearings and the Michigan Probate Court

Michigan probate laws designate the supervision of Mental Health Competency proceedings to the probate court. If a person is deemed to require hospitalization or guardianship, the court oversees the hearings and renders the final decision based on evidence presented to them by legal and medical experts, and personal; testimony of various witnesses.

The Michigan probate Court also handles a variety of miscellaneous procedures which can include; will deposits, poor person petitions, delayed foreign birth registrations, notarizing public applications, state boundary commission appointments, secret marriages, tax commission, and the release of the contents of decedent safe deposit boxes.