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Examples of assets that don't need to go through this process include: Assets that are held within a trust (i.e Revocable Living Trust) Life insurance policies that are listed as payable to a certain beneficiary. Retirement Accounts and other bank accounts that have a designated beneficiary payable-on-death (P.O.D)
First and foremost, there are a number of asset types that typically do not pass through probate. This includes life insurance policies, bank accounts, and investment or retirement accounts that require you to name a beneficiary.
There is a filing fee of $150 that accompanies an application to open a probate estate. If the petition to appoint a personal representative is not included with the application to open probate, there is a $20 fee to later petition to appoint a personal representative.
It isn't difficult to create a living trust in Michigan. However, it does require some planning and research. You can set up a living trust your own, but unless you're very confident in your financial abilities you might want to hire a lawyer.
MI Form PC 561, which may also referred to as Waiver/consent, is a probate form in Michigan. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.
After looking at the probate process, we will review the top techniques for avoiding probate in Michigan. These techniques include creating a trust, using a lady bird deed, Joint ownership of property, and POD or payable on death accounts. All of these methods will allow one to avoid probate.
Motor Vehicles. If a decedent dies with no probate assets (i.e., owns nothing in their name alone) except for one or more motor vehicles whose total value is not more than $60,000, title to the vehicles can be transferred by the Secretary of State without opening an estate in the Probate Court.
Michigan law requires almost all estates to go through probate. However, there are a few exceptions. If an estate is worth less than $24,000 after funerary costs and contains no real estate, it can almost entirely bypass probate.