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“We had to probate the estate – it was a lot of work!”
You may have heard a statement like this one from a friend or neighbor after their family member passed away. It’s a sentiment that is shared by many after they had to deal with the court system in order to receive an inheritance. Which makes sense! Probate can be confusing to someone who has never dealt with filling out forms for the court, waiting for a hearing, or being in front of a judge.
Thankfully, working with an experienced attorney can make probate a breeze for your family, and will provide you with confidence that your loved one’s estate has been handled properly. Let’s dive into what exactly probate entails, and how an attorney makes it easy.
First…what is probate?
Probate administration is the court process for settling a deceased individual’s estate. If the decedent has left behind any property at all–real estate, bank accounts, stocks and bonds, or personal property like furniture and cars–it will need to be passed on correctly to the people who are meant to inherit that property.
In Michigan, if the decedent created a will that names a personal representative (sometimes people call this the “executor” of the estate) and the will directs how to split up their property, then the court will not have to be as heavily involved. The personal representative will be in charge of paying estate bills and debts, and doing an estate inventory to provide the court and beneficiaries with a proper accounting of the property that is in the estate.
When there is not a will, the court will become more involved, and probate will take longer than if there was a will. Michigan law will guide a judge on deciding who the heirs are and how much each heir will receive. Additionally, the court will decide who will oversee the probate administration by appointing a personal representative.
I don’t think I can do probate on my own! How can an attorney help me?
With the first step of gathering assets of the estate, an attorney will be able to guide you on which types of assets must go through probate, and which do not. For example, there are some types of retirement accounts and life insurance policies that name beneficiaries, those assets do not need to go through probate at all! An attorney will prepare this important accounting for the court–you can leave the tough paperwork to them.
Another important part of probate administration is paying final debts, which may leave personal representatives scratching their heads and asking, is this bill important? What kind of debt is this? Why are debt collectors calling me? An attorney will walk through all bills with you and let you know which of the decedent’s expenses will need to be covered by the estate.
Finally, when it comes to distributing final assets, it might be difficult to work with family members who live far away, as well as those who have questions about how much money they are receiving. An attorney will communicate with beneficiaries and assist in this final distribution of your loved one’s estate.
An attorney that has done the probate process before can guide you every step of the way. No matter the type of estate, whether the decedent had a variety of assets or something more straightforward, a team like the one at Striegle Law will help you with every aspect of probate administration. Call us today to set up a free meeting and get all your probate questions answered.