Disclaimer: This article provides general information only and does not constitute legal advice.
Detailed Answer
1. Identifying Real and Personal Property
Under Michigan law, the personal representative of an intestate estate must first distinguish between real property and personal property. “Real property” includes land and anything permanently attached, such as buildings or fixtures (MCL 700.1106). “Personal property” covers movable assets, such as bank accounts, vehicles, and household effects.
2. Filing an Inventory
Within 91 days after appointment, the personal representative must file an inventory of all estate assets with the probate court (MCL 700.3701). This inventory must list each item’s estimated value at the decedent’s date of death. The court may require appraisals for real estate or other assets deemed difficult to value (MCL 700.3705).
3. Prioritizing Debts and Expenses
Before distribution, the estate must pay valid claims, funeral costs, debts, and administration expenses. Michigan law sets a priority order for these claims under MCL 700.3806. Only the remaining assets pass to heirs by intestate succession.
4. Determining Heirs and Distributing Assets
Intestate succession statutes specify how to divide assets among surviving family members:
- If a spouse and descendants survive: The spouse generally receives the first $150,000 plus one-half of the balance; descendants share the remainder (MCL 700.2103).
- If only descendants survive: They inherit the entire estate per stirpes (by branch) (MCL 700.2102).
- If no spouse or descendants: Parents inherit equally (MCL 700.2106), then siblings (MCL 700.2107), and so on to more remote relatives.
Helpful Hints
- Start by gathering deeds, titles, account statements, and receipts to identify assets.
- Obtain professional appraisals for high-value real estate or collectibles.
- Keep clear records of all estate expenses and creditor notices.
- Review Michigan court rules for probate procedures in your county.
- Consider consulting a probate attorney to ensure compliance with deadlines and legal requirements.