When a family member dies with a simple Will, or with out any advanced plan, the attorneys and staff at Smith and Mabley, PLC, can help the family understand and comply with the numerous requirements of the Michigan probate law.
An individual does not have to die for a probate procedure to be needed. Illness or aging which causes incapacity can result in the need for someone to help oversee and manage hard-earned assets. At Smith and Mabley, we help our clients navigate through the numerous requirements of Michigan probate law and court rules in establishing and administering guardianships and conservator ships. We also have the knowledge and experience to assist families from other states to probate the estate of a family member in Michigan probate courts.
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Frequently Asked Questions about Probate and Estate Administration
Q: What is probate?
A: Probate is the court procedure by which a will is proved to be valid or invalid. Creditors of the estate are provided the opportunity to file claims against the estate and receive payment of those claims. After the administration fees, taxes and creditor claims are paid, any remaining assets of the estate are distributed to the beneficiaries.
Q: What is a will contest?
A: A will contest is a legal action that challenges the validity of a will and/or the terms of the will. A will may be invalid if it was the result of forgery, undue influence, inadequate execution, or other issues. A later will may invalidate an earlier version.
Probate and Estate Administration - An Overview
Estate administration refers to the process of probating the estate of a decedent, which generally includes collecting, inventorying and appraising assets; paying and collecting debts; filing and paying estate taxes; and distributing any remaining assets to beneficiaries. An experienced probate and estate administration attorney from Smith & Mabley in Farmington Hills, Michigan, can help simplify this complicated process. If you need help in the administration of an estate, call Smith & Mabley today.
The Probate Process
Probate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures proscribed by each state for carrying out the process.
Role of the Executor
An executor is the person named by the creator of the will (the testator) to carry out the terms and provisions of his or her will. In addition to locating documents left by the testator (i.e., wills, trusts, deeds, etc.) and notifying Social Security, pension providers, annuity providers, and other entities of the death, the executor has numerous other legal responsibilities.
Avoiding Probate
Assets disposed of outside the probate process are part of the non-probate estate. Since a probate proceeding is not required, these assets are distributed more quickly to the appropriate beneficiaries. Many people seek out these assets and ownership models in order to save their loved ones from the difficulties associated with going through the probate courts.
Will Contests
The fact that a person (the decedent) leaves a will does not guarantee that the decedent's property will be distributed according to the will's terms. A court generally must provide an opportunity to allow others to object to the will, and a challenge may be brought by anyone with an interest in the will who believes the document is invalid in some way. A will contest is an action challenging the validity of the will and is commonly governed by state statutes.
Probate and Estate Administration Resource Links
Uniform Probate Code
Maintained by Cornell University Law School, this site identifies the states that have adopted, at least in part, the Uniform Probate Code. Links are also provided to each state's version of the code.
Internal Revenue Service
The IRS web site has information on the federal estate tax, including information on recent reforms to estate tax laws.
Executors
This page is maintained by the H.E.L.P. organization, and provides an overview of the executor's, personal representatives', and trustee's estate administration responsibilities.
Smart Money: Estate Planning
Provides information to consumers on the process of gathering information and documentation for estate planning.
AARP:
Estate Planning Guide
Guide provided by AARP with useful information on wills, powers of attorney, estate administration, choosing an executor, and other estate planning resources.
