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Although Michigan does not stipulate a legal timeframe, filing a probate petition as soon as possible will be in everybody's best interests. The probate process takes a minimum of five months in Michigan, but most probate cases take between six months and a full year. In contested cases, probate may take far longer.
Most Trusts take 12 months to 18 months to settle and distribute assets to the beneficiaries and heirs. What determines how long a Trustee takes will depend on the complexity of the estate where properties and other assets may have to be bought or sold before distribution to the Beneficiaries.
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 estate is not settled within a year of the first personal representative's appointment, file a Notice of Continued Administration with the court stating why the estate must remain open. A copy of this notice must be given to all interested persons.
Closing the Estate The estate must be open for at least five months. Required notice to creditors must be published at least four months before closing.
An estate in unsupervised administration can be closed by filing a ?Sworn Statement to Close Unsupervised Administration? (PC591), or a ?Petition for Adjudication of Testacy and Complete Estate Settlement? (PC594), or a ?Petition for Complete Estate Settlement, Testacy Previously Adjudicated? (PC593).
MI Form PC 591, which may also referred to as Sworn Statement To Close Unsupervised Administration, is a probate form in Michigan. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.
Seeking Legal Recourse If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit.