Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney.
Detailed Answer
Under Michigan law, probate is the court-supervised process to settle a decedent’s affairs. An interested party—often a surviving spouse, adult child, or beneficiary—may initiate probate to appoint a personal representative who will gather assets, pay debts, and distribute property.
Step 1: Determine the Proper County Probate Court. File in the probate court of the county where the decedent was domiciled at death. If the decedent lived out of state but owned real estate in Michigan, you may file in the county where the property lies.
Step 2: Gather Required Documents. You’ll need the original will (if one exists) and a certified copy of the death certificate. Compile a list of known heirs, beneficiaries, assets (bank accounts, real estate, personal property), and estimated values.
Step 3: File a Petition for Appointment of Personal Representative. Use the probate court’s official form or draft a petition under MCL 700.3401 (MCL 700.3401). The petition must identify the decedent, list heirs, state the estate’s approximate value, and propose a personal representative.
Step 4: Pay Filing Fees and Request Bond Waiver (if applicable). Fees vary by county—check the probate court’s fee schedule. A bond (surety) may be required to protect the estate. If the will waives bond or all heirs agree, you can request a waiver under MCL 700.3703.
Step 5: Serve Notice to Heirs and Creditors. After filing, you must notify all interested persons and publish notice to creditors. Michigan law requires notice to known heirs within 10 days of filing and publication in a local newspaper. See MCL 700.3402 (MCL 700.3402).
Step 6: Receive Letters of Authority. If the court approves your petition and bond (if required), it issues Letters of Authority (for intestate estates) or Letters Testamentary (if there’s a will). These documents empower the representative to collect assets, settle debts, and distribute the estate under the Michigan Estates and Protected Individuals Code.
Helpful Hints
- Small Estate Affidavit: If the estate’s personal property is worth $27,000 or less and no real estate, consider summary administration under MCL 700.3404.
- Inventory Deadline: File an inventory of estate assets within 91 days after appointment.
- Creditor Claims: Publish notice promptly. Creditor claims must be filed within 4 months after publication.
- Access Forms Online: Check your county probate court’s website for sample petitions, notice forms, and fee schedules.
- Record Keeping: Maintain copies of all filings, notices, and court orders throughout administration.