Probate is a legal process that is sometimes required to distribute a decedent’s property to beneficiaries and heirs of the decedent’s estate. It empowers a personal representative (executor) to pay debts and taxes owed by the estate and complete the distribution of assets. In Michigan, probate is necessary when a person dies without a will, has assets in his or her name only, or is entitled to receive property that is not otherwise capable of being distributed.
Michigan probate law has many complex aspects, especially when there are title problems. The services of an experienced probate lawyer can prove invaluable in resolving such problems.
At Galloway and Collens, PLLC, we have years of experience advising and providing services to personal representatives. We work with skill and diligence to complete the probate process in a timely and efficient manner.
To learn more about the probate process in Michigan and how we can assist you, call Galloway and Collens, PLLC, at 248-545-2500.
Types Of Probate Administration
We will work with you to administer the estate in the most efficient and cost-effective manner possible. In Michigan, there are many types of probate proceedings. We will determine which one is right for your unique case.
Small estate — If total assets are limited, there are simplified probate processes available. It could be as simple as completion of an affidavit; for slightly larger estates, it may require only the submission of a completed petition to the court and payment of a filing fee.
Unsupervised administration — This approach is the one most commonly used for an estate with any sort of significant assets or if the estate contains real estate. The process requires the completion of the appropriate pleadings and filings for submission to the probate court. If the personal representative requests the confirmation by a judge of aspects of the process or if the matter becomes contested, hearings before a probate judge are available. With unsupervised administration, typically there are no formal court hearings.
Supervised administration — The court supervises the probate process from start to finish. This approach requires the personal representative to submit documents for review by a probate judge and formal court hearings.
How We Can Help
Attorney Howard H. Collens can provide assistance at all stages of the probate process. Mr. Collens can:
- Prepare and file the application or petition to obtain the “Letters of Authority for Personal Representative”
- Assist in identifying estate assets, debts and taxes owed
- Resolve problems regarding title to real property and other possible impediments to smooth administration
- Prepare all required documents throughout the probate process
- Assist in the distribution of assets to beneficiaries
The probate process in Michigan can take several months to over a year, depending on various factors. We recognize the desire of the personal representative, beneficiaries and heirs of the estate to obtain their shares of the estate in a timely way. While we are restrained to some degree by the requirements of the probate process, we will work hard to achieve distribution as quickly as possible.
Are You A Personal Representative Who Lives Outside The Detroit Metro Area?
Our firm regularly provides probate services for personal representatives of Michigan estates when the executor lives outside of the Detroit area, in another state or another country. We can handle all aspects of the probate process with the goal of resolving all issues as efficiently as possible.