Claim Against Estate File For Maintenance In Michigan
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Estate OVER $24,000: If a Wayne County resident has died leaving property in their name only and the property is over $24,000, the closest relative or person named in the will may file a petition to have the estate probated.
(g) That, if the estate is not settled within 1 year after the personal representative's appointment, within 28 days after the anniversary of the appointment, the personal representative must file with the court and send to each interested person a notice that the estate remains under administration and must specify ...
A description and value must be given of all property within the decedent's estate. Any liens, encumbrances, or mortgages on real estate can be used to reduce the property's value listed on the form. For bank accounts, indicate the name of the bank, the account number(s), and the balance at the date of death.
An estate cannot be closed in less than five months from filing. The estate's creditors must be notified of the decedent's death. They are given a four-month period to file their claims against the estate.
The proof of claim form is Official Bankruptcy Form 410. You can print off the form from the courts website. You can also obtain a copy of the form at the Intake counter of the Clerk's Office. In Detroit, the Intake counter is located on the 21st floor of the Bankruptcy Court.
Small estates under $27,000 (2023 value, check table below for prior years) apply if all of the real and personal property owned by the decedent has a total value equal to or less than the sum of the following: (i) the funeral expenses; plus (ii) $27,000.
A description and value must be given of all property within the decedent's estate. Any liens, encumbrances, or mortgages on real estate can be used to reduce the property's value listed on the form. For bank accounts, indicate the name of the bank, the account number(s), and the balance at the date of death.
Assets that pass directly to beneficiaries without having to go through probate include: Any property jointly owned by the decedent and a survivor. Any property held in a trust. Life insurance policies with named beneficiaries. Retirement accounts with named beneficiaries. Bank accounts with named beneficiaries.
(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.
