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Probate is the set of statutes that deal with the disposition of an estate when a family member or loved one dies.  Probate laws are in place to see to it that creditors are taken care of and heirs or descendants have assets distributed to them as well.  The probate process begins with a "petition," a written request to begin the process, open the estate and appoint a representative whose responsibility will be to administer the property of the deceased.  After the petition, the next step is usually an official Public Notice of Creditors (printed in the local newspaper) and a Notice of Administration sent around to other involved parties.  After the notices are posted, creditors are given a set amount of time to file claims, after which the personal representative comes in to pay all the debts and distribute the rest of the estate to heirs.  After this process is completed, a formal petition for discharge is filed and the estate is officially closed. 

This is a simplistic explanation of the process, of course; there are multiple tasks and requirements that all have to be performed by the personal representative, a knowledgeable attorney and a tax consultant.  It can all add up to a very complex system.  Consider all the variables, from a single house and bank account going to a single beneficiary, or a single house (or multiple houses in various states) going to multiple beneficiaries.  Things get even more complicated if an estate calls for assets being left to a minor.

Ann Arbor Probate Law in Michigan

Michigan probate law has its own set of factors that are very important to know, starting with a thorough understanding of the procedure itself.  If you are not armed with this knowledge, things could get extremely long and difficult (and expensive) before your case is completely discharged.  Seeking out an Ann Arbor probate attorney if you live in the area is high recommended.

It's also very important to be completely up-to-date on formal testacy and the process by which petitions are filed and hearings are prompted.  This hearing will be pivotal to the outcome of the estate, making it crucial that you have a good understanding going into it. It's also good to be completely clear on "election" -- not electing in a timely fashion can have adverse consequences on your probate case.  Among other things, you could be hit with penalties that could delay your case and cost you money.  

Finally, you will need to be knowledgeable about the status of after-born heirs in the Michigan state probate process, as regards wills that were already in place.  All these are reasons why probating an estate is a matter of some gravity, and one of the main reasons why many people retain attorneys.  It's much less stressful to know that the case is in good hands and that things will be handled as they should be, for everyone involved.

In the big picture, two very important procedural factors come into play (especially for someone with limited familiarity with Michigan state laws).

At this point, the formal testacy proceeding actually begins, with the court setting a time and place for the hearing.  The petitions must reflect this, as the state of Michigan lays out in the statutes.  These notices are then sent out to the heirs, devisees and personal representatives who are named in the will.  Michigan law calls for a strict set of standards in wording and formatting, something which can be difficult for the inexperienced.  Again, people in these situations will usually hire an attorney to help write up petitions and ensure that the cases will proceed smoothly and as planned.  On the other hand, trying to deal with this on one's own can be very time-consuming and stressful, with the nature, detail and legal language of the laws on the books.

The formal testacy proceeding begins, when the court decides on a time and place for the hearing. Petitions must give notice in the way that the state of Michigan describes in the statutes. These notices will need to be sent out to the decedent’s heirs, as well as to the devisees and personal representatives named in the will. On top of this, these petitions must meet Michigan state standards, which can be difficult for people inexperienced in writing and reading legal documentation.

If the surviving spouse of the deceased does not publicly make known that he or she will take the share that's named in the will (make an "election"), the court will presume that the spouse will elect that share.  This is the case when no election is made and the principle administration is formally closed.  Michigan state probate documentation also names other exceptions.  At this point, there's such a huge amount of information and detail in these laws, it's pointless to try to sum it all up in a brief article.  Again, that's where attorneys come in -- to help navigate through these laws and details.  For instance, in the case of after-born heirs, if a woman is pregnant at the time of her husband's death, the unborn child is considered to be alive and a heir (if named), if the child lives more than 120 hours after birth.  There are other factors in regards to "after-born" heirs, and other who might be considered by the court to legally be eligible for a portion of the estate. 

Once again having an Ann Arbor probate attorney in your corner can help immensely at a time when people are already stressed enough from the loss of a loved one.

• I was named as beneficiary on an insurance policy when my uncle died last July. I sent the insurance company everything they asked for and then they denied the claim because they said my uncle didn't disclose that he had seizures. The policy asked a few vague medical questions, and in the authorization section it clearly stated that it would be checking his medical history before the policy would be in effect. Can I contest this denial in Ann Arbor Probate court?
  
• My dad died with no will, and one vehicle in his name only. I asked the tag office to put me on as the benefactor, but it was overlooked by mistake. My mom is still alive. We bought the vehicle solely for his disability purpose with their funds. Now we just want to sell it to recoup the funds back to her account. Which option is the best - to sell the vehicle, in my name or her name, and, how do we go about it according to MI probate rules?
  
• My sister passed away with no will. What rights do her children who live her in Ann Arbor have for the properties? She was not married but was in a common law relationship. Now we need help from a Probate attorney in deciding what can be done for the kids.
• Hurley Law firm probate case - What do you have to do to receive the funds in a bank account that you were not on but your payroll check was deposited into, after someone passes away?
• I have a probate question. My brother and I were adopted. Since we have moved away to a farm four years ago, they will not have anything to do with us now. They changed their will, and I am no longer the representative of the estate. This means my brother and I will no longer get to spilt the estate in half. My mom and dad told me that they have sold everything and given it to others. Can they do this since we were adopted? I am 45 and my brother is is 49.
  
  
  

*Always consult a legal professional in person before taking any legal action related to your case or situation.