HOW LONG DO YOU HAVE TO FILE PROBATE AFTER A DEATH IN MICHIGAN?

by Van Den Heuvel Law Office

When a loved one passes away, someone must be appointed to handle their asset distribution and payment. Probate is the legal process of validating a will so a decedent’s estate can be distributed. If you are the executor of someone’s estate, you might wonder how soon you need to file probate after that individual’s death. Michigan differs from other states in that there isn’t a deadline to file a probate case. Knowing what variables are involved can help you better understand your fiduciary duties. Our attorneys at the Van Den Heuvel Law Office are here to assist you during this challenging time. Contact our office for advice specific to your probate case. 

Does Michigan Require Probate?

Most estates in Michigan must undergo probate. There are several exceptions, however. For instance, an estate that is worth under $24,000 following funerary costs can bypass most of the probate process. Other assets may not need to progress through probate if they meet these conditions: 

• Jointly Owned. When property is jointly owned by two spouses, it will be passed to the surviving spouse.
• Beneficiary Designations. The decedent’s retirement account is directly transferred to the designated beneficiary.
• Michigan Living Trust. The trustee will manage assets that are held in a living trust.

How Do You Begin the Probate Process in Michigan?

In order to start probate, you must first determine if the decedent’s estate needs a formal or informal probate proceeding. Formal probate is used for large estates or contests to the decedent’s will. The process is sometimes supervised, which means a judge must approve all activities that can have consequences on the estate. Informal probate is completed with a probate register instead of a judge. 

Once you’ve determined the necessary process, you can file a petition with the court. Both kinds of probate can be challenging, so this is also the time to contact a probate lawyer for assistance. 

How Soon Do I Need to File Probate?

While Michigan law does not require probate to be filed within a certain timeframe, it’s often best to file at the soonest opportunity. The process can take between six months to a year, and contested cases can last much longer. Delaying the probate process can leave room for the decedent’s creditors to petition for open probate, which can complicate the process. 

What Happens If Someone Dies Without a Will?

When a loved one passes away without a will in place, that means they died intestate. In such a case, the state probate court appoints a personal representative who then distributes the assets according to Michigan’s intestacy laws. It’s important to speak to an attorney to determine what this may mean for your inheritance.  

Hire a Michigan Probate Attorney

Probate is often long, complex and stressful. If you’ve been appointed a personal representative for your loved one’s estate, you can determine the next steps with our probate lawyer at the Van Den Heuvel Law Office. Contact us today to schedule a consultation.

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