The property a deceased person leaves behind is called their “estate,” and they must go through probate whether or not the deceased person had a will. The complexity of probate depends on several factors, including where the property in the estate is located, whether any heirs or family members raise objections, and how much debt must be paid.
Probate can be a huge headache, but don’t panic. A Royal Oak probate administration lawyer at The Probate Pro can provide guidance and support that helps clarify the process. We run the largest probate coordination firm in the country and we did not grow so big by accident—you can be assured of the quality of our services!
When someone dies, their family members cannot just take what the deceased person promised them. There are legal formalities that must be addressed before the deceased person‘s property is available to the family. Probate is an official process to ensure that the property is distributed according to the law and to the deceased’s wishes.
Someone, usually a family member, must manage the probate process. This person is called the personal representative, and they may be named as the executor in the deceased person‘s will, or a court may appoint them if the deceased person did not have a will. The personal representative has a huge task ahead of them, as they must:
Being a personal representative is a lot of work and it’s stressful! Personal representatives can rely on a Royal Oak attorney at The Probate Pro to ensure they complete these steps properly and fulfill all the legal requirements of probate administration.
When the estate is going through probate, the deceased person‘s family members and heirs do not have access to the property. Probate can last for several months to more than a year, depending on the circumstances. When all the deceased person’s debts are settled, a court will close probate, and the personal representative will distribute whatever property remains to the family and heirs.
It is possible to keep some assets out of probate so they will be available to loved ones immediately. Managing assets to avoid probate reduces costs and can prevent hardship for family members. Our probate administration attorneys in Royal Oak can help someone set up their finances to minimize the value of the property that must go through probate—that means immediate access to more property for family members and other loved ones!
Owning property jointly may be a good way to avoid probate, because when one of the owners dies, the property passes to the other owner immediately. Property with named beneficiaries, like life insurance policies, pensions, property in a trust, and retirement accounts, go directly to the co-beneficiary without passing through probate.
When a deceased person has planned their estate so that most of their property goes directly to loved ones on their death, the value of their “probate estate” goes down.
The full formal probate administration process is complex and can be expensive. Fortunately, the law offers a streamlined process in some cases. When the family is getting along, the estate may be eligible for informal probate administration. Michigan Consolidated Laws § 700.3301 et seq describes the process.
Informal administration requires fewer steps, less court involvement, and a probate register supervises the process instead of a judge. The Probate Pro keeps up-to-date with changes in the law and can tell you whether a specific estate is eligible for informal probate.
Even the most well planned estate may have some property that must go through probate. And no matter how simple a deceased person’s estate is, going through probate is still challenging, especially while you are still in the midst of grieving.
A Royal Oak probate administration lawyer can help you avoid the heartburn that comes with these legal hurdles so you can move through the probate process as smoothly as possible. Whether you are a personal administrator or an heir, get in touch with The Probate Pro today to see how our highly trained legal professionals can simplify this incredibly important task.