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As part of the affidavit, the person filling out the paperwork, known as ?the affiant,? must provide certain information, including the deceased person's personal information, date of death, and a list of the deceased's property and debts. This document must be signed under oath, so honesty is paramount.
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).
In general, they include the following steps: Filing the Last Will and Testament and an application at the probate court in order to be appointed Personal Representative. ... Marshaling, or collecting, the assets. ... Paying bills and taxes. ... Filing tax returns. ... Distributing property to the heirs and devisees.
Probate is required in Michigan when the assets are solely owned. For example if someone passes away and they are the only owner on the property title of their home, then the home would need to pass through probate.
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.
There are several options, and some of them are free. Beneficiary designations, Transfer on Death (TOD) designations, and Pay on Death (POD) designations, typically all avoid probate, so long as there is no dispute over the designation and so long the beneficiary is not a minor and has capacity to receive the asset.
Michigan law requires almost all estates to go through probate. However, there are a few exceptions. If an estate is worth less than $24,000 after funerary costs and contains no real estate, it can almost entirely bypass probate.
Real Estate Probate ? If a property is valued below $22,000, a spouse or any surviving heirs can petition a probate court to have the estate probated. For estates valued above $22,000 there is a formal supervised probate process which requires the appointment of a personal representative to distribute the estate.