One of the challenges of being named the executor of one’s estate is completing the probate process. Probate is the way that an estate is closed upon the death of the decedent. Not only is this process often very emotional, but it can also come with a variety of legal complications. At Collis, Griffor & Hendra, our Michigan probate attorneys are skilled at handling all facets of probate law. In setting up your estate, we can take steps to ensure that probate is minimized or avoided altogether. We can also help with the mental health side of probate if we determine during the estate planning process that someone in the family may need assistance with mental health issues. Contact a probate attorney from Collis, Griffor & Hendra today to discuss your situation.
What is Probate Court?
When an individual in Michigan passes away and has left a last will and testament, the property detailed in the will is distributed through probate proceedings. Michigan allows for both formal and informal probate proceedings. Formal proceedings generally take place in front of a judge in Probate Court and are utilized when there is a dispute over the will or a personal representative needs to be appointed. Informal probate proceedings are much simpler and occur in front of a probate register. An estate can only be closed once the following criteria are met:
- The estate must be open for a minimum of five months
- A notice to creditors was published for at least four months before closing
- Inventory fees were paid
- Estate and inheritance taxes were paid, along with proof of payment
Matters Handled in Probate Court
As with estate planning, probate is a complicated area of law that can be overwhelming to those unfamiliar with the process. Our lawyers have over 30 years of collective experience helping people navigate probate matters in Michigan, and we are here to help you, too.
- In the context of a decedent’s estate, the term probate refers to the manner of administering the property of a decedent by a personal representative (PR), who is appointed by the court. If the PR is not named in the will, the court will appoint its own PR to administer the estate. The administration of a decedent’s estate essentially involves three steps: marshaling of assets, payment of charges, and distribution of the remaining assets to the estate beneficiaries.
- In the context of mental health matters, the probate court presides over a proceeding that determines whether an individual requires court-ordered mental health care. Mental illness alone, however, is not enough to justify involuntary hospitalization.
Contact a Washtenaw County, MI Probate Attorney
With over 30 years of combined legal experience, Collis, Griffor & Hendra effectively guides heirs and executors through the process of probate. If you are acting as an executor, you have a lot to consider, many duties to satisfy, and a complex road to navigate. In order to relieve undue stress from taking on such a responsibility, contact an estate attorney who can help ensure your compliance with the court and the full execution of the will. If you need an experienced probate attorney, contact Collis, Griffor & Hendra today.
