This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Michigan Assignment of Portion of Expected Interest in Estate in Order to Pay Indebtedness
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FAQ
A Letter of Authority is a legal document that is signed by the Register of the Probate Court in the County where your loved one was living at the time of their death. It designates the person who will be the Personal Representative of your loved one's Estate.
The court will order that the property be used to pay any funeral and burial expenses first. ( or to reimburse the person who paid those expenses) The court will order that the remaining property be assigned to the decedent's spouse or to the decedent's heirs, if there is no spouse.
The personal representative is under a duty to settle and distribute the estate "as expeditiously and efficiently as is consistent with the best interests of the estate" and "except as otherwise specified or ordered in regard to a supervised personal representative, without adjudication, order or direction of the court ...
A Personal Representative's Deed is the form of deed commonly used in connection with the sale of real property owned by an estate.
In Michigan, creditors have up to 3 years from the date of death to present claims to the estate. However, if you have followed the Task: Publish Notice of Death correctly, creditors will have only 4 months from the date of the first publication of notice to creditors.
If the personal representative holds a mortgage, pledge, or other lien upon another person's property, the personal representative may, in lieu of foreclosure, accept a conveyance or transfer of encumbered property from the property's owner in satisfaction of the indebtedness secured by lien.
Assignment of property is the small estate process you must use if the decedent had real property. However, even if there was no real property, you may choose to use assignment of property if an estate is small. This is the only small estate process where a Probate Judge reviews and approves the division of property.
The Wayne County Probate Court typically restricts the letters of authority on estates that were opened using a formal petition (as opposed to an informal application) to prevent the personal representative from selling real estate until court approval is obtained. MCR 5.202.