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Approved, SCAN OSM CODE: PFA STATE OF MICHIGAN PROBATE COURT COUNTY OF FILE NO. PETITION FOR PROBATE AND/OR APPOINTMENT OF PERSONAL REPRESENTATIVE TESTATE INTESTATE Estate of 1. I, Name of petitioner,.
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SCAO FAQ
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If you are serving as the personal representative (executor) of someone's estate, you might be wondering how quickly after their death you must file probate. Unlike some states, Michigan does not have a required filing deadline for a probate case.
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If the estate is not settled within a year of the first personal representative's appointment, file a Notice of Continued Administration with the court stating why the estate must remain open. A copy of this notice must be given to all interested persons.
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Michigan Probate Laws require a decedent's assets go through Probate if the assets were held solely in their name. Assets usually don't need to go through Probate if the assets that are jointly owned, the assets have a beneficiary designation, or the assets are held in a Living Trust.
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Whether an estate is small depends on the value of the property in it. The dollar limit can change each year. If a person dies in 2023, an estate must be valued at $27,000 or less to be small. If a person dies in 2022, an estate must be valued at $25,000 or less.
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Real Estate Probate – If a property is valued below $22,000, a spouse or any surviving heirs can petition a probate court to have the estate probated. For estates valued above $22,000 there is a formal supervised probate process which requires the appointment of a personal representative to distribute the estate.
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Assets owned in the deceased's name only (such as real estate, bank accounts, stocks and bonds) and personal property exceeding $15,000 generally have to go to probate court. Michigan law also allows for a streamlined probate process in the case of smaller estates under a certain value.
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(a) Within 4 months after the date of the publication of notice to creditors. (b) If the personal representative first knows of an estate creditor less than 28 days before the expiration of the time limit in subdivision (a), within 28 days after the personal representative first knows of the creditor.
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Probate proceedings are usually open to the public, so there is little privacy involved. How to avoid probate in Michigan. ... Joint tenancy. ... Lifetime gifts. ... Payable on death accounts. ... Transfer with Retained Life Estate. ... Create a trust. ... Help is available.
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