Michigan Probate Court
Michigan probate court is a specialized, civil court. Probate is a major function of this court. Probate is a legal process used in certain situations. For example, when a person passes away intestate, or without a will, probate may be necessary. Another time probate may be unavoidable occurs during will disputes. In addition to settling estate issues, probate court handles numerous other family matters. All probate cases involve complicated, complex laws. As a result, an experienced estate planning and probate attorney should be consulted before going to court.
Primary Functions of Michigan Probate Court
Probate court is a specialized court that deals with a variety of legal issues including:
- Estate administration: The court may appoint a personal representative (PR) to handle a deceased person’s estate when there is no will. If the decedent named a PR, that person must do the following: 1. Assemble the assets, 2. Pay all bills, and 3. Distribute what is left to beneficiaries. The PR must follow terms of the will. If no will exists, then, the PR must distribute assets according to Michigan’s laws of intestate succession.
- Guardianships or Conservatorships: The court handles sensitive cases when children or adults require supervision. Children may require guardians when parents are unable to properly care for them due to illness, incarceration, or death. If parents pass away without naming a guardian for their children, probate court becomes involved. A guardian may be appointed to care for an adult if it can be proven the adult is unable to care for themselves. This is a difficult process. When an adult is assigned a guardian, they lose some of their rights. Therefore, solid proof is required before a judge grants adult guardianship. Similarly, conservatorship involves caring for another. However, conservators handle incapacitated adults’ property. A judge may appoint one person to act as guardian and conservator. Once again, complex laws and emotionally charged cases require an experienced attorney.
- Commitment: Probate court may handle commitment proceedings. This serious decision requires investigation. The cause of a person’s behavior must be determined before an involuntary commitment to a mental health facility. For example, a person on drugs or alcohol may act mentally ill, but requires a different type of help. However, if the court determines the person is a threat to themselves or others, a judge may order an involuntary commitment for evaluation and treatment.
When is Probate Court Necessary?
In addition to the above listed functions, probate court may be necessary in the following situations:
- No will: When a person passes away without a will or trust, the estate goes to probate. This costs the heirs time and money. Unfortunately, the process remains complex and grieving family members do not need this.
- Settling a will: The existence of a will may not avoid probate court. Discuss this matter with an estate planning attorney.
- Will disputes: Sometimes family or business associates may disagree with terms of a will. Other times, a will may be illegitimate due to structural issues, or duress placed on a vulnerable elderly family member to change a will during their last years.
- Debt settlement: Occasionally probate court may be used by debt collectors to ensure monies are distributed to them before beneficiaries.
- Beneficiary issues: Probate courts assist in locating heirs.
- Inheritance to Minors: Courts ensure minors’ inheritances are protected. In fact, the court may appoint a guardian, or conservator to manage all property and monies.
- Title issues: Probate court checks all real estate titles to secure property rights for heirs.
Avoiding Probate Court
The best way to avoid probate court is to contact an experienced estate planning attorney. Your attorney knows which tools keep your family out of court after you pass away. Some estate planning tools include trusts, paid on death (POD) accounts, beneficiaries on all accounts, and properly titled real estate. In conclusion, contact an attorney as soon as possible to protect your family.