{"id":374154,"date":"2016-03-31T21:35:40","date_gmt":"2016-04-01T02:35:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/michigan-law\/michigan-probate-laws.html"},"modified":"2019-05-30T09:43:11","modified_gmt":"2019-05-30T14:43:11","slug":"michigan-probate-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/michigan-law\/michigan-probate-laws.html","title":{"rendered":"Michigan Probate Laws"},"content":{"rendered":"\n
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Michigan Probate Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Definition of Probate<\/h2>\r\n

The word \u201cprobate<\/a>\u201d is commonly used to refer to the legal process that happens after a person (the"decedent<\/a>") dies, regardless of whether the person died with a valid will<\/a> or without a valid will. If a decedent dies with a will, then their property is distributed according to the will. If a person dies without a will, then Michigan probate laws dictate how the decedent’s assets are distributed.<\/p>\r\n

The Probate Process in Michigan<\/h2>\r\n

There are four main steps involved for the probate court:<\/p>\r\n

    \r\n
  1. Appointing a Personal Representative<\/a>;<\/li>\r\n
  2. Assembling all the decedents assets;<\/li>\r\n
  3. Paying the bills (funeral expenses, creditors, taxes, and general administration expenses);<\/li>\r\n
  4. Distributing any assets that are left over.<\/li>\r\n<\/ol>\r\n

    Types of Estate Administration<\/h2>\r\n

    The process of administering the estate will vary depending on whether or not the decedent had a valid will and the type of probate administration the decedents estate will have to go through.In Michigan, if a decedent’s estate is small enough, Michigan law allows the estate to be probated using an expedited process (summary administration) that does not require the appointment of a personal representative.<\/p>\r\n

    See Probate Court<\/a>, State Probate Courts<\/a>, Avoiding Probate<\/a>, and Estate Taxes<\/a> for more information.<\/p>\r\n\r\n
    Code Section<\/b><\/td>\r\nMCL Chapter 700: Estates and Protected Individuals Code<\/a><\/td>\r\n<\/tr>
    Types of Probate Administration<\/b><\/td>\r\n

    Small Estate: (Summary Administration)<\/i><\/b><\/p>\r\n

    1. Fill out a petition<\/a> (PDF) and pay the filing fee.<\/p>\r\n

    2. The estate must meet certain asset guidelines, i.e. be under $22,000.<\/p>\r\n

    Formal Administration (2 Types) – if estate is worth more than $22,000<\/i><\/b><\/p>\r\n

    1. Supervised Administration:<\/i> requires the court to review and approve the actions of the personal representative.
    \r\n2. Unsupervised Administration:<\/i> the court is only involved at the beginning and the end unless requested by an interested person or the personal representative.<\/p>\r\n<\/td>\r\n<\/tr>

    What Assets Go Through Probate?<\/b><\/td>\r\n

    Probate is only necessary when a person dies leaving property in his or her own name (such as a house titled only in the name of the
    \r\ndecedent) or having rights to receive property.<\/p>\r\n

    Examples: bank accounts in the decedents name with no co-owner and no beneficiary designation; real estate that is owned by the decedent individually; real estate that is co-owned as tenants in common; stocks and bonds in the decedent’s name, tangible possessions such as clothing, jewelry, household furniture, and cars registered in the decedent’s name only.<\/p>\r\n<\/td>\r\n<\/tr>

    What Assets Skip Probate Entirely<\/b><\/td>\r\nProperty in a revocable trust<\/a>, real estate owned as joint tenants with a right of survivorship<\/a>, life insurance policies and retirement accounts with a designated beneficiary<\/a>, bank accounts with payable upon death (POD) or transfer on death (TOD) clause, cash up to $500, motor vehicles (if the value of the vehicle doesn’t exceed $60,000 and there are no probate proceedings), watercrafts (if the value doesn’t exceed $100,000 and there are no probate proceedings), income tax refunds, and personal property not exceeding $15,000.<\/td>\r\n<\/tr>
    Who Supervises and Decides Probate Cases?<\/b><\/td>\r\nMichigan Probate Courts<\/a><\/td>\r\n<\/tr>
    Estate Taxes<\/b><\/td>\r\nMichigan does not<\/b> have a separate estate tax<\/a>. The law changed as of January 1, 2005.<\/td>\r\n<\/tr>
    List of Forms<\/b><\/td>\r\n

    Probate forms<\/a> from the Michigan Courts website<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

    Need More Information About Michigan Probate Laws? Get in Touch with an Attorney Today<\/h2>\r\n

    Michigan probate laws can be tricky. If you’re trying to make sure that your hard-earned estate is distributed according to your wishes, it’s important to speak with a professional. Consider contacting a local Michigan probate or estate administration attorney<\/a> who can help you better understand the current Michigan laws.<\/p>\r\n

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