Five Issues That Can Disrupt Probate, and How to Prevent Them

Probate in Michigan is the court-supervised process for settling a deceased person’s estate. It is designed to honor the decedent’s final wishes and to protect the rights of heirs and creditors. Yet, even for relatively simple estates, unexpected obstacles can arise, creating stress, delays and unnecessary expense for grieving families. The good news is that most probate problems are preventable with practical planning.

Here are five problems that can arise in a probate case and effective strategies to avoid them:

• Improperly executed wills — Michigan law sets clear requirements for a valid will. It must be signed by the person making it (the “testator”) and be witnessed by at least two people. While handwritten (“holographic”) wills are permitted, they must meet specific standards. Missing signatures, conflicting handwritten notes or unclear amendments can spark disputes or even invalidate the will. Michigan courts frequently handle challenges based on claims of undue influence or lack of mental capacity. Make sure your will execution follows Michigan’s rules.

• Joint ownership and beneficiary designation mistakes — Many assets, such as bank accounts, retirement plans and life insurance, bypass the probate process altogether by passing directly to joint owners or named beneficiaries. However, errors can arise when beneficiary forms are outdated or an account is jointly titled without meaning to pass ownership. Your will’s instructions might even conflict with these designations, causing confusion. Coordinated asset titling and up-to-date beneficiary designations are essential.

• Real estate title problems — Homes, family cottages and other real property are common legacies in Michigan estates. Issues like unclear title history, an unrecorded deed or property jointly owned with other people can stall probate for months. Planning tools such as “lady bird” deeds, trusts or LLCs can ensure smooth transitions and keep properties out of probate limbo.

• Missing or disorganized financial information — Estate executors need clear documentation to locate and account for all assets, debts and insurance policies. Notifying creditors is essential but is difficult when financial details are missing or scattered. Keeping an organized list of accounts, policies and debts in a secure but accessible location spares your loved ones untold headaches.

• Family conflict and ambiguous instructions — Probate delays can come from family disagreements, often centered on the fairness of bequests. Open communication and specific, unambiguous instructions in your estate plan can prevent conflict and unnecessary expense.

Overall careful planning can prevent major headaches later. A revocable living trust is often the best way to sidestep probate entirely. Regularly updating beneficiary designations, reviewing property deeds and maintaining thorough financial records are critical steps. Most importantly, work with a Michigan estate planning attorney who can ensure your documents comply with state law and reflect your wishes.

Otlewski & Maloney, P.C. in Rochester Hills provides Michigan residents with effective assistance in all aspects of estate planning. Call us at 248-759-5641 or contact us online to set up an appointment.