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In the State of Michigan, probate is necessary when someone passes away while owning property or assets that are listed under their name alone. If the deceased individual has joint ownership over certain property, it's possible the assets may be transferred to the other owner with little to no court involvement.
In many cases, it is advisable to hire a probate lawyer to assist you in fulfilling your fiduciary responsibilities. Under Michigan law, the personal representative of an estate can pay the probate lawyer's fees out of the assets of the estate, as long as the compensation meets certain legal requirements.
PROBATE COURT FEES ? PAY FEES ONLINE BELOW Guardianships$175.00Conservatorship$175.00Protective Order$175.00Decedent Estate$175.00 + Inventory feeTrust Supervision$175.0010 more rows
Generally, property exceeding $15,000 has to go through probate, but the limit could change depending on the year the property owner died, as the dollar limit tends to fluctuate yearly. In 2023, property valued at $27,000 or less is considered a small estate.
Pursuant to Michigan Court Rule 9.130(B) the client and the attorney may elect to resolve a fee dispute through binding arbitration. The arbitration process is voluntary. The Attorney Grievance Commission has no authority to require either the client or the attorney to participate in this process.
Hourly rates in Michigan Lawyers in Michigan typically charge between $88 and $461 per hour, with the average being $266. For comparison, District of Columbia has the highest average hourly rate at $392 while West Virginia has the lowest average hourly rate at $162.
So to answer that common first question, no, you generally cannot recover your legal expenses from the opposing party. However, Michigan businesses can create the opportunity to recover fees by inserting appropriate language into their contracts.
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.