Michigan Sample Letter regarding Motion to Sell Property of an Estate
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How to fill out Sample Letter Regarding Motion To Sell Property Of An Estate?
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FAQ
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.
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.
Probate property is a piece of real estate that is owned by a deceased person. In order to sell the property, the executor or administrator of the estate must go through the probate process. This includes obtaining court approval and handling any creditors or debts owed by the deceased individual.
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 ...
The law doesn't require all heirs to agree, although the process is complex and usually requires the help of an attorney.
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).
Probate in Michigan can take about 7 months, whether it is supervised or unsupervised. You can expect a longer probate period in certain circumstances. These can include the size of the estate, length of time it takes to locate a will, personal representative, or heirs, disputes with creditors, and will contests.
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.
