Executor Of Estate Form After Death With No Estate In Michigan
Description
Form popularity
FAQ
A personal representative may be formally appointed by a Probate Judge after a petition is filed in the Probate Court. The petition can be filed by an interested person to the decedent's estate. When the petition is filed, unless waivers and consents from all interested persons are attached, a hearing will be held.
Without a will, there is no designated personal representative. The probate court will appoint someone to administer the estate.
A person who fails to deposit the will with the probate court can be sued by anyone who was financially hurt by their failure to file. That persona can also be held in contempt of court for failing to file the will. Here is the Michigan statute that applies: 700.2516 Delivery of will or codicil by custodian.
Writing a will and naming beneficiaries are best practices that give you control over your estate. If you don't have a will, however, it's essential to understand what happens to your estate. Generally, the decedent's next of kin, or closest family member related by blood, is first in line to inherit property.
The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they don't have to approve of the sale.
While spouses, then children, generally take precedence in Michigan inheritance law, there are some laws of succession should you die intestate without either of those heirs. For example, if you are unmarried without children and die intestate, your parents inherit your entire estate.
If there is no surviving spouse, then the assets go to the decedent's descendants, or the decedent's children, grandchildren, and great-grandchildren. If there are no surviving descendants, then the assets go to the decedent's parents.
But if a person dies without a will, Michigan probate laws defines what happens next. Upon the opening of the probate process, the Michigan probate court will appoint a personal representative for the estate. This person will carry out the same duties that the executor would—had there been a will.
