When someone passes away, their assets are to be distributed. It doesn’t matter if it’s testate or intestate, monetary or physical assets. Everything associated with the estate will be properly distributed. In addition, creditors will be able to make claims on the decedent’s estate. However, a surviving spouse and his or her children are entitled to be allowed property that is part of the estate before the distribution and creditor claims are settled. With the Selection of Homestead Allowance and Exempt Property form, the spouse and children have the rights to be granted allowance to the property and make some exempt from creditors.
The Selection of Homestead Allowance and Exempt Property is a State Court Administrative Office form. If you need this form or any other probate court forms, please reach out to us. We will be happy to provide you with this document and any other necessary probate court documents.
Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. This is no different. The Selection of Homestead Allowance and Exempt Property is associated with MCL 700.2401, which states:
This part applies to the estate of a decedent who dies domiciled in this state. For a decedent who dies domiciled outside of this state, rights to homestead allowance, family allowance, and exempt property are governed by the law of the decedent’s domicile at death.
In addition to this, Selection of Homestead Allowance and Exempt Property is pursuant to MCL 700.2402, MCL 700.2403, MCL 700.2404 and MCL 700.2405. To help you understand this form better, Darren Findling of The Probate Pro covers everything you’ll need to know in this video.
Like Darren, we’re ready to help you understand all things related to probate. So, if you have any probate related questions, don’t hesitate to give The Probate Pro a call today at (833) PROBATE. Our legal family is ready to help you.