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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.
Last Will and Testament ? Simply put, a Last Will is a legal document which states someone's final wishes after they pass away. In Michigan, wills are typically required to go through probate with some exceptions (later discussed in the article).
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.
After your death, anyone who has a copy of your will must deliver it to the probate court in the county where you lived. If you deposited your will with the probate court for safekeeping, the court will open and file your will when someone brings in proof of your death (such as a death certificate).
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.
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.
No, you are not required to use a lawyer to make a Will in Michigan. There are some situations, like a complex estate or difficult family relationships, where it may be beneficial to consult a lawyer.
If you are serving as the personal representative (executor) of someone's estate, you might be wondering how quickly after their death you must file probate. Unlike some states, Michigan does not have a required filing deadline for a probate case.