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When an individual passes away in Michigan without a will, their property is typically transferred to surviving relatives. Sounds simple – but too often the probate process can be messy. Estate assets are stolen, disputes arise, even in cases where the deceased had a comprehensive estate plan. Estate assets are stolen by family members, dishonesty occurs as to the value of Estate assets, lying is used to claim reimbursement for the Estate, etc. Issues may stem from the actions of the personal representative or trustee, doubts about the deceased’s mental state at the time of creating the estate plan, or problems with creditors or beneficiaries, among others. There can also be unexpected complications and legal intricacies related to probate, some of which are unique to the State of Michigan.
It is crucial to have a knowledgeable Michigan probate attorney to safeguard your interests throughout this intricate process. The probate lawyers at L.A.H. Law PLLC are adept at navigating these complexities and are ready to assist you. If you or someone you know is seeking probate assistance in Michigan, please reach out to our attorneys for a complimentary case evaluation. We are here to provide the support and guidance you need.
Probate is a legal process under Michigan law that occurs upon an individual’s passing to ascertain the distribution of his/her assets. This court-supervised procedure also undertakes important decisions regarding the decedent’s minor children. Specifically, a Guardian is appointed to ensure the minors’ well-being and daily care, while a Conservator is designated to manage the financial aspects of the minors’ lives, safeguarding their financial interests until they reach adulthood. Through probate, Michigan courts ensure that the decedent’s assets and children are responsibly managed and cared for.
In Michigan, probate becomes necessary either if you pass away: (1) without a will (Intestate) or (2) your assets are distributed pursuant to your will (Testate). This threshold is relatively low, so many estates end up going through the probate process. This process helps in the lawful distribution of your assets and ensures that your estate is administered as set forth in your will or if you did not have a will, then according to Michigan’s intestate laws.
When an individual passes away owning assets solely under their name, Michigan’s probate court proceedings come into play.
The probate process in Michigan involves four steps:
For modest estates, a simplified probate procedure is available, provided the estate’s value post funeral and burial expenses is below $15,000. Furthermore, probate can be entirely avoided for estates valued under $15,000, if there is no real estate involved.
Michigan has four probate avenues:
Small Estate: if your total non-exempt assets (after paying for burial and funeral costs) is less than $22,000, you can use the Small Estate process. It is quite simple and merely requires the filing of Form PC 556.
Medium Estate: if you are survived by your spouse and/or minor children and your total non-exempt assets (after paying for burial, funeral, last illness, and administration costs) is less than approximately $55,000 (there is a specified formula based upon types of assets), you can use the Medium Estate process. It is quite simple and merely requires the filing of Form PC 556.
Unsupervised Regular Probate: the personal representative is permitted to close the estate without court supervision unless the personal representative requests the court’s assistance or an interested party (usually a creditor or beneficiary) requests court intervention. The minimum time to close your estate using this avenue is 5 months.
Supervised Regular Probate: if the Estate closure will involve unusual or contested issues, the personal representative or an interested party may request that the Court supervise the probate process. The court can grant or deny such a request.
The cost of hiring a Michigan probate attorney can vary widely based on factors including the intricacy of your probate needs, the lawyer’s experience, and their pricing model. Fees might be structured as a flat rate, hourly charge, or retainer, with flat fees spanning $1,000 to $5,000 or more, and hourly rates around $200 to $500 or higher.
Our firm appreciates the gravity of managing estate affairs and provides initial free 15-minute consultation. From there, we provide reasonable and transparent pricing for our clients. General probate administration cases cost a base of $2,500 while probate litigation services generally cost $300 per hour.