Probate Estates
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Probate Estate Administration in Michigan
When a loved one passes away, the legal process of administering their estate, which is called probate, can be overwhelming. Michigan probate law provides a structured method for gathering the deceased person’s assets, paying off lawful debts, and distributing the remaining property to the appropriate heirs or beneficiaries. Anchor Bay Law assists personal representatives, heirs, and families throughout Macomb County and beyond in understanding and navigating every stage of the probate process.
What Is Probate?
Probate is the court-supervised process that ensures a deceased person’s assets are collected, debts and taxes are paid, and remaining assets are properly transferred to heirs (it is not related in any way to “probation.”) Whether or not the deceased had a Last Will and Testament, probate may be required to pass legal title to assets that were owned in the decedent’s name alone.
In Michigan, probate proceedings are governed by the Estates and Protected Individuals Code (EPIC), and are typically handled by the probate court in the county where the deceased lived at the time of death.
To better understand the different types of probate in Michigan, including when informal or formal proceedings apply, see our explanation of Informal vs. Formal Probate Proceedings, and learn about the responsibilities of the personal representative in managing an estate.
When Is Probate Necessary?
Not every estate requires probate. For example, assets held jointly with rights of survivorship, transfer-on-death (TOD) accounts, payable-on-death (POD) accounts, or life insurance and retirement accounts with named beneficiaries typically pass outside probate.
However, probate is generally required when:
- • The decedent owned real estate in their name alone
- • There are significant individual bank or investment accounts without a beneficiary designation
- • The estate must address unresolved debts or legal claims
- • A will must be admitted to court and enforced
- • The heirs of an intestate (no will) estate must be formally identified and their shares distributed
Anchor Bay Law helps families evaluate whether full probate is required or whether an alternative method, such as small estate procedures, may be available under Michigan law.
To learn more about small estate shortcuts and how Michigan handles estates without a will, explore our explanation of small estate alternatives and intestate estate procedures.
Common Challenges in Probate
While some probate estates proceed smoothly, others present challenges such as:
- • Disputes over the validity of the will
- • Conflicts between heirs or beneficiaries
- • Creditor claims or debt disputes
- • Real estate title problems or co-ownership issues
- • Family-owned businesses or complex investments
Anchor Bay Law strives to address and resolve these types of complications and ensures that the estate is administered properly under Michigan law.
Probate Support for Families and Individuals
The loss of a loved one is a difficult time. Anchor Bay Law provides steady, knowledgeable guidance to those tasked with the responsibilities of estate administration. Whether you are nominated as a personal representative, have questions about your rights as an heir, or are seeking help with creditor claims or real estate title issues, Anchor Bay Law is ready to assist.
Anchor Bay Law is based in Macomb County and serves clients throughout Southeast Michigan with dedication and clarity.