The probate process takes place in court. It is the process by which assets belonging to the deceased person transfer to their new owners. It can be complicated, especially if there are questions about whether a valid will was left behind. Everyone has a role to play, and fulfilling those obligations is hard while you are also dealing with a death.
Wheelihan Law can help during this difficult time. Call 810-395-5015 to set up an appointment and get answers to important questions, including:
- What happens during probate?
- Who should be represented by an attorney during probate?
- How can Wheelihan Law help?
What happens during probate?
Probate generally must begin after a person has died, except in limited circumstances — for example, when an estate plan allowed assets to transfer outside of probate. The deceased should have named an executor in a will. If so, that executor starts probate by filing court paperwork and paying filing fees. If no executor was named, or the named executor cannot serve, the probate court appoints a personal representative.
The personal representative or executor does many things during probate, including:
- Making an inventory of assets that are part of the estate
- Notifying creditors of the death and the probate process
- Notifying next of kin and those named in the will
- Filing paperwork with the court throughout probate
- Defending the will if it is challenged
- Managing property that is part of the probate estate
- Securing valuations on estate property
- Filing tax returns and paying required state or federal taxes
- Transferring title of real property and otherwise moving probate assets to new owners
Executors and personal representatives carry the most responsibility, so they are usually the people who most need legal help. If you will serve in that role, you must faithfully fulfill your obligations under Michigan probate law and follow the lawful instructions in the will. An attorney should help you make certain you can do that.
Who should be represented by an attorney during probate?
Because of their role in probate and trust administration, executors and personal representatives should seek legal advice as soon as possible after a death. An attorney helps with deadlines, technical court paperwork, and understanding duties so they can be fulfilled. Wheelihan Law can take the stress out of being an executor so you can do your duty to the deceased without unnecessary worry.
People who will inherit money or property under a will have a more limited role. That does not mean you should ignore the process. It is often wise for heirs to have a legal advocate who can provide information and guidance and help make certain their rights are respected, including that inherited property is protected until they take ownership.
There are also situations where someone decides to challenge a will. If you believe there is a problem with a will and that it should not be probated, we can talk with you about raising a challenge. Wheelihan Law will help argue against the validity of the will so the true wishes of the deceased can be respected.
A well-considered estate plan can sometimes keep assets from going through probate. If you already have a will, bring it to the consultation.
Common questions
What happens during probate in Michigan?
Probate is the court process that transfers a deceased person’s assets to new owners. An executor named in a will, or a personal representative appointed by the court, files paperwork, notifies creditors and heirs, and administers the estate.
Who should hire a probate attorney?
Executors and personal representatives usually need counsel because of court deadlines and fiduciary duties. Heirs may also want an advocate, and people who believe a will is invalid can discuss a challenge.
Where does Wheelihan Law handle probate matters?
From the Capac office, serving St. Clair County, Sanilac County, Macomb County, Lapeer County, Tuscola County, and Huron County. Call 810-395-5015 to set an appointment.