When a loved one passes away, their estate may need to go through probate, a court supervised process that ensures assets are collected, debts are paid, and property is distributed to the rightful people. At The Probate Pro in Royal Oak, Michigan, we guide families and personal representatives through every stage of the probate process with clarity, compassion, and professionalism.
In Michigan, probate may be required whether the person left a will (testate) or not (intestate). The court appoints a Personal Representative (sometimes called an executor) who is responsible for managing the estate. The probate process begins when the court issues Letters of Authority, which officially empower the Personal Representative to act on behalf of the estate. These Letters may include restrictions. For example, there may be limitations on selling real estate or settling claims without court approval.
Once appointed, the Personal Representative must notify all interested parties that the estate has been opened and that they have been chosen to oversee it.
An important early responsibility is dealing with creditors.
Claims may include medical bills, credit cards, mortgages, or other debts. The Personal Representative must review records and mail to identify potential creditors.
The Personal Representative must marshal and safeguard estate assets such as:
Assets should be preserved until they are sold, transferred, or distributed. Sometimes property may be listed for sale, while other times it will pass directly to heirs. The fiduciary is responsible for ensuring fair market value and preventing waste.
All liquidated assets should be placed into a fiduciary bank account set up specifically for the estate. This requires an Estate Tax Identification Number (TIN) issued by the IRS. Personal and estate funds must never be commingled.
Within 91 days of receiving Letters of Authority, the Personal Representative must file an Inventory of all estate assets, listing their values as of the date of death. Throughout administration, the representative must also:
The Personal Representative must determine whether the decedent and the estate owe federal or Michigan income taxes. Any unpaid taxes must be addressed before distributing property, or the representative could face personal liability.
Once debts and taxes are resolved, the estate can move toward distribution. Michigan law requires that estates remain open for at least five months, but many last longer. When ready, the representative works with the court and heirs to finalize accounts and close the estate.
Serving as a Personal Representative is a serious fiduciary duty. Responsibilities include:
Failure to fulfill these duties can result in removal or even personal liability.
Probate can be overwhelming, but you don’t have to do it alone. At The Probate Pro, our experienced attorneys in Royal Oak provide step-by-step guidance to help you:
If you have been appointed as a Personal Representative or are facing the probate process, we’re here to help. By retaining the right lawyer to oversee the Royal Oak probate process, you can rest assured we will handle the estate according to the law and to the decedent’s wishes. Let The Probate Pros take the concern off your hands, allowing you to focus on what truly matters, which is your family. Contact us today for more information about how we offer value during the probate process.