Stop the Probate Process

How and When to Stop a Probate Case in Michigan

In Michigan, individual with an interest in the estate may object to various aspects of a probate case, such as the validity of a will, the appointment of a personal representative, or the handling of estate assets.

Objections must follow specific legal procedures and timelines outlined by the Michigan probate laws and court rules. Understanding when and how to object is critical to protecting one's rights in a probate proceeding. At Radzwion Law, PLLC we can help you understand if an objection is a good idea in your case.

Watch this video if you don't agree with something happening in your probate case.

When to Object

An objection in a Michigan probate case can arise at several points, including:

1. Admission of a Will: If a party believes the will is invalid due to undue influence, lack of capacity, fraud, or improper execution, they may object to its admission to probate.

2. Appointment of a Personal Representative (PR): Interested parties may challenge the nomination of a personal representative if they believe the proposed individual is unqualified, has a conflict of interest, or is unsuitable.

3. Estate Administration: Objections can be made during the administration process if there are concerns about the PR’s actions, such as mismanagement of assets, improper distributions, or failure to follow court orders.

4. Accountings and Final Distributions: Interested parties may object to inventories, accountings, or the final distribution plan if they believe assets are missing or incorrectly allocated.

   
   

Who Can Object

Only interested persons have legal standing to object. This includes heirs, devisees (named beneficiaries in the will), nominated personal representatives, creditors, and others with a financial or legal interest in the estate.

How to Object

To object in a formal probate proceeding in Michigan, a written objection must be filed with the probate court handling the case. The process includes:

1. Filing a Written Objection: The objector must submit a formal written statement detailing the nature and basis of the objection. This should be clear, fact-based, and cite any applicable laws or evidence.

2. Serving the Objection: The objection must be properly served on all interested parties, usually by mail or personal service, in compliance with Michigan Court Rules.

3. Attending a Hearing: The court will schedule a hearing to address the objection. All parties may present evidence and testimony. If necessary, the court may hold additional hearings, require mediation, or appoint a guardian ad litem.

Deadlines for Objections

Timeliness is critical. For example:

• Objections to the admission of a will must generally be filed before or at the time of the initial hearing on the petition.

• Objections to the appointment of a personal representative must be filed before or during the hearing where the appointment is considered.

• Objections to accountings or inventories must usually be filed within 28 days after service of the notice or document, unless the court sets a different deadline.

Missing these deadlines can result in the waiver of objections.

Legal Assistance

Because probate objections often involve legal complexities, formal procedures, and evidentiary standards, it is strongly recommended that objecting parties consult with an attorney experienced in Michigan probate law. You general only have one chance to get present a proper objection so it is very important to get it right the first time.

Timely and properly filed objections ensure that estate matters are handled lawfully, fairly, and in accordance with the decedent's intent and Michigan statutes.

Need Help With Probate in Michigan? Contact Radzwion Law, PLLC today. Our local probate attorneys are ready to help you open and manage your case properly.

📞 Call (248)-702-5282 | 📧 Joseph@RadzwionLaw.com | 📍 Serving clients throughout Macomb County, Wayne County, Oakland County, St. Clair County and more.