What Are the Options for Probate of an Estate in Michigan?

Probate is the legal process by which a deceased person’s estate is properly distributed to heirs and designated beneficiaries and any debt owed to creditors is paid off. In Michigan, this process can vary significantly depending on the size and complexity of the estate in question. Understanding these variations is important to choosing the most efficient and appropriate method.

Here is a summary of the Michigan probate options and the criteria for each:

• Formal probate — This process is necessary when there are disputes over the will, the will’s directives are not clear or the estate is complex. This process is overseen by a probate judge. In supervised formal probate, the court closely monitors each step, providing a structured framework that can help in managing disputes and complexities. Unsupervised probate offers more freedom to the personal representative, who still must file periodic reports with the court.

• Summary administration — This simplified procedure is available if the value of the gross estate does not exceed the sum of administration costs and expenses, reasonable funeral and burial expenses, reasonable and necessary medical and hospital expenses for the decedent’s last illness and homestead, family and exempt property allowances. The personal representative distributes the estate assets to the persons entitled to them and then files a closing statement.

• Small estate procedure — For an estate valued at $50,000 or less after funeral and burial expenses, the surviving spouse or, if none, an heir of the decedent can file a petition asking the probate court to order that property be turned over. For 63 days after issuance of the order, the spouse or heir might be liable for the estate’s debts up to the amount of property received.

• Affidavit procedure — For estates valued at less than $50,000 after funeral and burial expenses and containing no real estate, Michigan law allows for an heir to submit a prescribed form of affidavit to claim their entitlement to certain estate assets. 

• Special vehicle transfer — In situations where the deceased owned vehicles valued at $60,000 or less, Michigan provides a special process. A form known as the Certification from the Heir to a Vehicle can be filed, allowing the transfer of vehicle ownership without the need for probate.

• Avoiding probate altogether — Certain assets can bypass the probate process entirely. These include jointly owned property with rights of survivorship, assets with named beneficiaries (such as life insurance policies or retirement accounts) and assets held in a living trust. A lady bird deed allows real estate to be transferred upon death without going through probate.

When confronted with having to settle an estate, it is advisable to consult with an experienced Michigan probate attorney who can provide guidance tailored to your specific circumstances. An attorney can ensure that state laws are complied with, that the decedent’s wishes are honored and that beneficiaries receive their due inheritance with as little administrative burden as possible.

The law firm of Otlewski & Maloney, P.C., located in Rochester Hills, represents clients in probate and estate matters throughout Michigan. Call us at 248-759-5641 or contact us online to set up an appointment.