Probate and Estate Administration
Probate in Wayne County is not nearly as scary as some may think. In basic terms, the Wayne County Probate Court appoints a Personal Representative who is responsible for gathering the assets of the decedent, pay their final debts and expenses, and transfer property to the heirs. Having a lawyer familiar with the process will make it much easier than you may think.
Property owned jointly with a decedent or that has a beneficiary is not property of the decedent’s probate estate. These are considered non-probate assets and transfer automatically by operation of law. Property that is in just the decedent’s name or that does not have a named beneficiary is a probate asset.
A Last Will and Testament does not avoid probate, in fact, it guarantees it. Consider it a letter from the deceased person to the Wayne County Probate Court as to their final wishes for the distribution of their property. A Will typically names a Personal Representative to oversee the estate. If there is no Will, a person is considered to have died intestate.
Probate in Michigan can be overwhelming if you have never done it before. Our attorneys have decades of experience in Wayne County Probate Court and can assist with issues like probate, decedent’s estates, guardianships, conservatorships and contested probate litigation.
Our firm also regularly provides assistance with those who need help with a Michigan probate matter but the executor or personal representative either lives in a different state or outside the Metro Detroit area. We can handle all aspects of your probate matter efficiently and, in many but not all cases, without you ever having to go to court.
Please call today at 313-291-0240 and set an appointment for a review of your probate matter. We will explain your options and give you enough information for you to make an informed decision.
FREQUENTLY ASKED QUESTIONS
How long does probate case take?
A probate estate must stay open a minimum of five months by law from the time the case is opened. However, I estimate a typical estate will take anywhere from six to ten months from beginning to end depending on the issues.
Will Probate take half of the estate?
No. This is an urban myth. The standard costs include court filing fees, letters of authority, publishing for creditors, and an Inventory filing fee. The Inventory filing fee is based upon the value of the estate. For example, the inventory filing fee for an estate valued at $100,000.00 is $363.00.
Will I have to pay estate taxes or inheritance taxes?
Probably not but if you do, it’s because the estate is worth more than eleven million dollars. The fact is, most people receive property without having to pay any taxes at all on their inheritance.
What if there is no Last Will and Testament?
If there is no Last Will and Testament, a person is considered to have died intestate. The State of Michigan has a default plan for intestate succession which we can explain at your consultation.
Can you help me finish an estate I started?
Yes. We help a lot of people finish up an estate. It is common for someone to open an estate and be appointed the Personal Representative and have absolutely no idea what to do next. Also, in Wayne County Probate Court, if a Personal Representative is required to get a bond, they must have an attorney.