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Unlike some states, Michigan does not have a required filing deadline for a probate case. However, several factors can affect the timing of the process.
If a dispute over the will or appointing a personal representative is likely, formal proceedings give more oversight and finality than informal ones. Formal proceedings are done in front of a probate court judge. You may want to talk to a lawyer if the administration of the estate might be contested.
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.
Here are a few common instances where assets do not require probate in the State of Michigan: Assets owned under ?joint tenancy.? Beneficiary designation assets (i.e. retirement accounts with a listed beneficiary) When the decedent has assets named within a trust.
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.
How do you start the Probate process in Michigan? Probate must go through the county Probate Court in which the decedent resided at the time of their death. Once you determine whether you need a formal or informal probate proceeding, you need to file a petition with the county Probate Court to get the process started.
Go to case access on the website (.wcpc.us) and follow the instructions: enter the testator's name and the Court's computer system will automatically run this inquiry for you. If a will was filed by the testator prior to his/her death, the on-line computer search will not reveal this information.
The probate process in Michigan typically involves several key steps: Filing a petition with the Probate Court: If there's a will, the executor should file a petition with the appropriate Michigan probate court. If there's no will, an interested party ? usually a close family member ? can file the petition.