Disclaimer: This information is not legal advice.
Detailed Answer
Managing estate administration across multiple jurisdictions can seem complex. Under Michigan law, you generally open a single probate proceeding in the county where the decedent lived at death. This primary probate grants the personal representative authority to collect and distribute assets throughout Michigan. If the decedent owned property in another state, you may need an ancillary probate there.
1. Primary Probate in County of Domicile
Michigan courts require probate in the county of the decedent’s principal residence under MCL 700.1301. After appointment, the personal representative receives letters of authority valid statewide (MCL 700.3702). These letters let you collect bank accounts, stocks, investments, and Michigan real estate without filing separate cases in other counties.
2. Ancillary Probate for Out-of-State Property
If the decedent owned real estate or other assets outside Michigan, you generally must open an ancillary probate in that jurisdiction. Ancillary proceedings follow local rules and grant the representative power to sell or transfer those assets. Use certified copies of Michigan letters of authority, and follow the other state’s probate statutes and forms.
3. Coordinating Multiple Jurisdictions
Begin by creating a comprehensive asset inventory, noting real property addresses and account locations. Contact local counsel in any other state where property exists to determine filing requirements. Provide certified letters of authority and a certificate of surname or death certificate as required. Maintain a clear timeline of filings, notices, and asset distributions in each jurisdiction.
4. Estate Taxes and Reporting
File Michigan inheritance tax and fiduciary income tax returns as needed; review guidance from the Michigan Department of Treasury. If the gross estate exceeds federal thresholds, prepare a federal estate tax return. Keep accurate financial records and receipts for all transactions.
Helpful Hints
- Start with a detailed asset inventory, including deeds, account statements, and beneficiary-designated assets.
- Use certified copies of letters of authority when dealing with financial institutions or out-of-state courts.
- Track deadlines closely—each county and state may impose unique notice and filing dates.
- Consider engaging local counsel for ancillary probate in jurisdictions outside Michigan.
- Keep beneficiaries informed and provide clear, regular updates to avoid disputes.