Michigan Probate and Estate Administration
The Probate Help You’re Looking For
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Michigan Probate and Estate Administration
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For many families, probate feels like an unfamiliar and intimidating process that arrives during a time already marked by grief, uncertainty, and other intense emotions.
As a result, families like yours often need guidance in these situations, no matter if their loved one left a detailed estate plan, had only a simple will, or passed away without any planning.
The probate attorneys at Mall Malisow & Cooney have helped thousands of Michigan families navigate complex probate and estate administration with empathy and insight.
Let us explain key aspects of probate in Michigan and help you avoid mistakes while taking the steps you need to honor your loved one’s legacy.
When a Michigan resident passes away, their estate is administered and distributed under the supervision of the courts. This legal process is called probate.
Using laws and guidance such as those found in the Estates and Protected Individuals Code and Michigan’s Estates Code, the court will ensure that debts and taxes are paid, assets are inventoried, beneficiaries are notified, and property is distributed according to the will. If there is no will, Michigan’s intestacy laws will be used for distribution of property.
However, Michigan families often need to understand how the probate process affects them. This is because not every estate requires the same level of probate.
Instead, Michigan has several types of probate proceedings, as outlined by our Michigan probate attorneys:
Informal probate
This is generally the simplest probate level, where the process is handled with minimal court involvement. It is appropriate when:
Informal probate is supervised by a court official who administers the local court’s functions, though the court still oversees filings.
Formal probate
Formal probate requires a judge to review matters that include the validity of a will or the appointment of an estate administrator. It is often necessary when:
This process is more structured and includes hearings and judicial oversight.
Supervised administration
In rare cases, the court supervises every step of the process. Supervised administration may be required when:
Small estate procedures
Michigan also provides simplified processes for small estates, such as:
These options avoid full probate and are cost-effective. However, families often mistakenly assume they qualify, when they actually do not. This mistake can lead to delays or rejection of filings.
Our knowledgeable probate attorneys are ready to help you determine the appropriate type of probate for your situation while also ensuring you fully comply with all Michigan probate requirements.
Under Michigan law, the estate administrator (also called personal representative or executor) is responsible for caring for and distributing the estate during the probate process.
Key estate administrator responsibilities include:
Filing the will and opening probate
The estate administrator must submit the will (if there is one) to the probate court and begin the process of their appointment as administrator. Until the court formally appoints them, they have no authority to act.
Notifying beneficiaries and interested persons
Michigan law requires formal notice to all ‘interested persons’ who have a legal or financial stake and could be affected by the outcome of a probate proceeding. Failure to notify the right people can invalidate steps later in the probate process.
Locating and inventorying assets
The estate administrator must create and file an inventory of all probate assets, which may include:
The inventory must reflect accurate fair market values, since incorrect valuations can lead to tax issues or disputes.
Safeguarding estate property
Before distribution, assets must be protected.
This can include:
Having experienced legal guidance in these complex areas is often a tremendous protection, since the estate administrator can be held legally liable for failing to safeguard estate assets.
Paying debts, taxes, and claims
Michigan law requires that valid debts be paid in a specific order of priority. The estate administrator must also:
Again, mistakes involving these matters can expose the estate administrator to personal liability.
Distributing assets
Once debts are paid, the estate administrator distributes property according to the will or Michigan intestacy laws. Improper distribution can trigger litigation or require recovery of assets that were already distributed.
Closing the estate
A proper final accounting and discharge order ensure the estate administrator has fulfilled all duties and is released from liability.
Our experience has shown that serving as an estate administrator in Michigan is far more demanding than most people realize.
For example, even simple estates can involve dozens of required tasks. Additionally, most estate administrators are family members grieving a loss, unfamiliar with the legal system, and unintentionally vulnerable to mistakes.
Mall Malisow & Cooney provides the guidance, support, and personal help you need to successfully administer an estate. Let us empower you to fulfill your responsibilities with accuracy and confidence.
Because the Michigan probate process can be so complex, our probate attorneys are accustomed to seeing and helping fix probate mistakes. Some of the most common errors include:
Failing to identify all assets
Digital assets, retirement accounts, stock holdings, and personal loans owed to the deceased are often overlooked. This can have major legal consequences for the administrator and others.
Misunderstanding what is subject to probate
Many families incorrectly assume that a will controls all property. However, a number of assets transfer outside of probate, such as joint accounts, beneficiary designations, and payable-on-death accounts.
Paying claims in the wrong order
Michigan law sets a strict priority list for paying debts. Thus, ignoring this statute can result in personal liability for the estate administrator.
Distributing assets or property too early
The stress of an administrator’s role or the influence of impatient beneficiaries may put pressure on an estate administrator to distribute property prematurely. However, doing so can result in penalties, taxes, or liability for unpaid debts.
Filing incorrect or incomplete documents
Probate courts will reject filings for missing signatures, incorrect forms, or statutory errors.
Failure to properly manage estate assets
If some of those assets include a stock portfolio, the administrator is responsible for managing those assets to ensure the best return and prevent loss.
Neglecting portability election
This is an important federal estate tax exemption with critical requirements and filing dates. It allows a surviving spouse to utilize their deceased spouse’s unused estate and gift tax exemption amount.
Ignoring potential creditor claims
Michigan law requires creditors to be notified during the probate process. Failure to advertise can be considered a breach of an administrator’s fiduciary duty.
Mishandling real estate
Selling a home during probate requires proper authority and careful compliance with Michigan procedures.
Failing to keep accurate records
Accurate accounting is essential during a number of steps of the probate process. So if there are missing or inaccurate financial records, disputes or even court intervention often follow.
Not closing the estate
After debts and taxes are paid and asset distributions are completed, the estate must be closed with the courts and all accounts closed.
Our probate lawyers help families avoid these and other pitfalls by providing clear guidance, careful filings, and active oversight throughout the probate process.
Even with a well-prepared estate plan, things can still go wrong. Not surprisingly, emotions often run high and misunderstandings occur, which can result in family members disagreeing about the meaning of a will or the actions of the estate administrator.
Our Michigan probate litigation can help with matters such as:
Will contests
Challenges to a will may involve allegations of undue influence, fraud, forgery, claims of insufficient mental capacity, or improper execution of the will. When these situations occur, Michigan courts will require specific evidence of their veracity while also imposing deadlines to do so.
Trust disputes
Even though many trusts are created to avoid probate, they can still be litigated. Trust issues may include trustee mismanagement, the interpretation of trust language, asset misappropriation, or failure to provide accountings.
Contested conservatorships and guardianships
Family members may disagree on who should make decisions for an incapacitated adult on important matters, such as for medical matters or financial choices.
Breach of fiduciary duty claims
Estate administrators, trustees, and agents with powers of attorney can be held liable for important matters such as misuse of funds, poor investment management, or conflicts of interest.
Creditor disputes
At times, creditors may dispute or challenge the estate’s handling of debts or timing of notifications.
Our probate attorneys are ready for any litigation issues that may come your way. Let us help ensure your estate is protected, any disputes are resolved effectively, and the rights of beneficiaries are upheld.
Not all probate issues need to be settled before Michigan courts. Rather, courts frequently encourage or even require mediation for disputes involving estates, trusts, and guardianships.
Michigan probate mediation allows families to reach agreements with the guidance of a neutral mediator.
As a result, our probate attorneys have noted a number of advantages that probate mediation offers, including:
If you have a probate issue that you want settled, let our probate attorneys help. We’ll thoroughly prepare you for mediation, helping you understand your rights, evaluate settlement options, and make decisions that protect the estate and your loved ones.
We understand how confusing and overwhelming handling these matters can be, especially after losing someone you love.
That’s why our Michigan probate attorneys utilize over one hundred years of combined legal experience to provide the highest level of probate help for you and your family.
Let us:
If you’re looking for legal help with probate that’s built on empathy, clarity, and proven experience, turn to the probate attorneys at Mall Malisow & Cooney.
We’re ready to provide a steady hand during a difficult time while honoring the legacy of your loved one.
Call us at 248-538-1800 today or fill out our contact form.
