This Petition and Order is an official document from the Michigan State Court Administration Office, and it complies with all applicable state and Federal codes and statutes. USLF updates all state and Federal forms as is required by state and Federal statutes and law.
Michigan Petition And Order
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FAQ
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 2020, an estate must be valued at $24,000 or less to be small. If a person dies in 2019 or 2018, an estate must be valued at $23,000 or less.
In Michigan, filing for a probate estate costs $150.00 Certified copies of letters of authorization for the Personal Representative are $12.00 each. The publication of notice to creditors costs about $50.00. There is also an inventory fee which is assessed on a sliding scale.
In most states, however, there is the option to use a small estate affidavit when the assets of the estate are under a certain dollar amount, which varies by state. An attorney is not required to file a small estate affidavit, although it may be helpful to consult with one prior to filing the small estate affidavit.
A small estate affidavit is a sworn written statement that authorizes someone to claim a decedent's assets outside of the formal probate process.
File the form, the decedent's will (if there is one), and a certified copy of the death certificate with the county probate court where the decedent lived. If the decedent did not live in Michigan but owned real property in Michigan, file the documents in the county where the real property is located.
Formal Probate Most Michigan probate cases can be wrapped up within seven months to a year after the personal representative is appointed. After notice of the probate is given, creditors have four months to file a claim. (Mich.
Petition and Order for Assignment: A description and gross value must be given of all property solely held by the decedent as of the date of death. For real property, determine the value by doubling the State Equalized Value (SEV) located on the tax bill. List the lien/mortgage amount, if there is one.
Michigan statutes provide no specific requirements an executor must meet, and you are free to name any adult that you trust as your executor. The court must appoint that person unless someone else challenges your choice of executor and there is clear evidence that he or she is incompetent or unsuitable to serve.
In Michigan you can use an Affidavit if the estate does not include real property and the value of the entire estate, less liens and encumbrances, is less than $15,000. There is a 28-day waiting period.