What is a Will?
What is a Will? A Will is a written document in which the person making the Will specifies how he or she wants their probate property distributed upon death and designates a person to be in charge of managing the property after death.
What is a holographic Will?
A holographic Will is an unwitnessed handwritten Will. It is valid as a Will if it is dated, signed and the material portions are in the Testator’s handwriting.
What if I don’t have a Will?
If you don’t have a Will, your probate estate will be distributed according to the statute in Michigan that controls distribution of intestate estates (meaning estates without a Will). Under the statute, a pre-determined percentage is distributed to certain heirs according to the relationship to the decedent.
What are the requirements for a valid Will?
The basic requirements for a valid Will are that it be in writing, signed by the Testator, and signed by two witnesses.
Who is the Testator?
The Testator is the person making the Will. The Testator must be of sound mind and at least 18 years old. Citizenship or residency is not required.
Who can witness the Will?
A Will should be witnessed by two competent people who do not receive property under the Will.
What is the mental capacity required to make a Will?
To have a valid Will, the person making the Will must have mental capacity at the time of signing the Will. This means he or she must:
• Know the nature and extent of the property owned;
• Know the names of the heirs;
• Know who is getting what under the Will; and
• Know that they are making a Will.
Do I need to probate an estate if there is a Will?
When one dies leaving a will, we say that person died “testate.” If one dies without a will, the person is said to have died “intestate.” Whether the decedent left a will or not, the distribution of property owned by the decedent in their individual name will require the opening of a probate estate
How can I avoid Probate?
Probate only applies to probate property. If all of your property is either jointly owned, or owned by a Trust or designated for a beneficiary (like life insurance) then you will avoid probate because you have no probate property.
Is there a fee for Probate?
It generally costs $175.00 to open a probate estate file. Then there is a fee of approximately $85.00 to publish notice to creditors. Finally, there is an inventory fee which is a percentage of the value of your probate estate as reflected on the Inventory filed with the court.
Is probate administration expensive?
Not typically. However, the probate court is not an easy place to do business. It is an especially difficult place without the assistance of an attorney. The probate expense is wholly dependent on the complexity of the probate administration. All reasonable attorney fees and costs are properly chargeable as an expense of the estate. The Probate Pro can assist you in this complex legal process.
The Probate Pro is here to help you when faced with a administering a probate estate. It is critical that the attorney you hire is talented, smart, experienced and committed to your cause.
The Probate Pro Experience
The Probate Pro has a huge staff of smart lawyers and paralegals to solve difficult issues. The Probate Pro is the largest law firm in Michigan practicing exclusively in probate related services. Let our experience give you the edge.