Probate Court Guide for Families. Navigating the Probate Process.

Losing a loved one is never easy, and handling the legal and financial matters that follow can feel overwhelming. At Radzwion Law, PLLC, we help Michigan families navigate the complexities of probate court with clarity, compassion, and efficiency.

Whether your loved one had a will or passed away without one, understanding the probate process is key to ensuring their estate is handled properly and lawfully. Below is a comprehensive overview of how the decedent’s estate process works in Michigan.

What Is Probate? Navigating the Process.

Probate is the legal process through which a deceased person’s estate is administered. In Michigan, the probate court oversees:

• Validation of the will (if one exists),

• Appointment of a personal representative (executor),

• Inventorying and managing estate assets,

• Paying outstanding debts and taxes, and

• Distributing remaining assets to heirs or beneficiaries.

Not all estates must go through formal probate. Some qualify for simplified procedures, depending on asset value and type. Our firm can help determine the most efficient path forward for your situation.

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Why Go to Probate

When Is Probate Required?

Probate is generally required in Michigan when:

• The decedent owned assets solely in their name,

• There is no joint owner or designated beneficiary on assets (such as bank accounts or life insurance), or

• A dispute arises over the will or estate distribution.

Assets that usually avoid probate include:

• Jointly owned property with survivorship rights,

• Transfer-on-death (TOD) or payable-on-death (POD) accounts,

• Assets held in a properly funded living trust.

  
  

Types of Probate Proceedings in Michigan

The probate process varies based on the estate’s size and complexity. Michigan recognizes several types of proceedings:

When Do I need to go to probate?

1. Small Estate Procedure

If the estate’s value falls under a set threshold (around $25,000, subject to annual adjustment), heirs may collect assets using a simple affidavit, without full court administration.

2. Informal Probate

A simplified process used when:

• There’s a valid will (or the person died intestate),

• No disputes exist among heirs,

• The estate administration is straightforward.

This is the most common type of probate and typically involves minimal court supervision.

3. Formal Probate

Used when:

• The validity of a will is in question,

• There are disputes between heirs or creditors, or

• Greater court involvement is needed.

Formal probate may involve hearings, notices, and orders issued by a probate judge.

4. Supervised Probate

In rare cases, the court oversees every step of the administration process. This may be required if there's significant conflict or concern about proper administration.

Step-by-Step: How the Probate Process Works

1. Filing the Petition

Probate begins by filing a petition in the probate court of the county where the decedent lived. This petition asks the court to:

• Open the estate,

• Appoint a personal representative (also called an executor or administrator),

• Begin asset administration.

A certified copy of the death certificate and the original will (if available) must be filed with the petition.

2. Appointing the Personal Representative

Once approved, the court issues Letters of Authority, officially granting the personal representative the legal power to manage the estate.

Duties include:

• Gathering and safeguarding assets,

• Notifying heirs and creditors,

• Paying debts and taxes,

• Distributing assets according to the will or state law.

The personal representative is legally obligated to act in the best interests of the estate and its beneficiaries.

3. Notice to Creditors

The law requires notice to known creditors and a public notice in a local newspaper. Creditors have four months to submit claims. These must be reviewed and paid (if valid) before any distributions can be made.

4. Inventory and Appraisal

The personal representative must file an inventory listing all probate assets within 91 days of appointment. This includes:

• Real estate,

• Bank accounts,

• Vehicles,

• Personal property,

• Investments or business interests.

Some items may require an independent appraisal.

5. Paying Debts and Taxes

Before distributions can occur, the estate must:

• Pay valid creditor claims,

• File and pay any federal or Michigan income taxes,

• File federal estate tax returns (if applicable — Michigan does not have a state estate tax).

  
  

6. Distributing the Estate

After settling debts and taxes, the personal representative distributes the remaining assets:

• According to the will, or

• Following Michigan’s intestate succession laws if no will exists.

  
  

7. Closing the Estate

Finally, the personal representative files a final accounting with the court and asks to be discharged from duties. Once approved, the estate is officially closed.

Intestate Succession in Michigan

If someone dies without a will, their estate is distributed according to Michigan’s intestate succession laws. The order of inheritance typically follows this structure:

1. Spouse,

2. Children or grandchildren,

3. Parents,

4. Siblings,

5. More distant relatives.

Determining legal heirs can be complex, especially in blended families. Our attorneys can guide you through this process and help avoid disputes.

How Long Does Probate Take?

Every estate is unique, but general timelines are:

• Small or informal estates: 6 to 12 months,

• Formal or contested estates: 12 to 24 months or more.

Delays may arise from:

• Heir disputes,

• Will contests,

• Locating assets or beneficiaries,

• Tax complications,

• Creditor issues.

  
  

Why Work With a Probate Attorney?

While probate can sometimes be handled without legal help, it’s easy to make costly mistakes—especially in larger or disputed estates. At Radzwion Law, PLLC, our probate team provides:

• Guidance through each step of the process,

• Help preparing and filing court documents,

• Resolution of legal disputes among heirs or creditors,

• Asset protection and efficient distribution strategies,

• Peace of mind during a difficult time.

We serve clients across Michigan and handle both simple and complex estates with professionalism and care.

Need Help with Probate in Michigan?

At Radzwion Law, PLLC, we’re here to help you navigate the probate process with confidence. Whether you're managing a loved one's estate or planning ahead to protect your own legacy, our experienced legal team is ready to assist.

📞 Call us today at 248-702-5282

📧 Email us at joseph@radzwionlaw.com

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Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For legal assistance tailored to your situation, please contact our office directly.