Detroit Michigan Application for Informal Probate and/or Appointment of Personal Representative (Testate/Intestate)

State:
Michigan
City:
Detroit
Control #:
MI-PC-558
Format:
Word; 
PDF
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Description

This Application for Informal Probate and or Appointment of Personal Representative - Testate - Intestate is an official document from the Michigan State Court Administration Office, and it complies with all applicable state and Federal codes and statutes. USLF updates all state and Federal forms as is required by state and Federal statutes and law.

The Detroit Michigan Application for Informal Probate and/or Appointment of Personal Representative Testateat— - Intestate is a legal document used in the state of Michigan for the purpose of initiating the probate process. This application is specifically designed for individuals seeking to settle the estate of a deceased person who has left a valid will (testate) or those who have passed away without a will (intestate). Keywords: 1. Detroit Michigan: This refers to the specific jurisdiction where the application is filed, indicating that the document is applicable in Detroit, Michigan. 2. Informal Probate: This term signifies that the probate process being initiated is informal in nature. Informal probate is a simplified and streamlined method used for straightforward estates, eliminating the need for formal court proceedings. 3. Appointment of Personal Representative: Refers to the legal procedure of selecting and designating an individual to act as the personal representative or executor of the deceased person's estate. The personal representative is responsible for managing the estate's affairs, distributing assets, paying debts, and handling legal matters. 4. Testate: This term indicates that the deceased person has left a valid will. In these cases, the will typically designates a personal representative and outlines the distribution of assets among the beneficiaries. 5. Intestate: Refers to situations where the deceased person has not left a valid will. When a person dies intestate, the probate court follows the laws of the state to determine the distribution of assets among the heirs. Types of Detroit Michigan Application for Informal Probate and/or Appointment of Personal Representative Testateat— - Intestate: 1. Application for Informal Probate — Testate: This type of application is used when the deceased person has left a valid will, and the proposed personal representative named in the will seeks to initiate the probate process. 2. Application for Informal Probate — Intestate: This variation of the application is utilized when the deceased person has not left a valid will, and someone intends to step forward as a personal representative to settle the estate according to the state's laws of intestate succession. Both types of applications will require detailed information about the deceased person, such as their name, date of death, address, and a brief description of their assets and liabilities. The application will also require the personal representative to provide their contact information and explain their relationship to the deceased person or the reasons why they are seeking appointment as the representative. It is essential to consult with an attorney or review the specific guidelines provided by the Detroit probate court for accurate completion and submission of the Application for Informal Probate and/or Appointment of Personal Representative Testateat— - Intestate.

How to fill out Detroit Michigan Application For Informal Probate And/or Appointment Of Personal Representative (Testate/Intestate)?

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FAQ

Statutes say that probate should be finished within one year, but special circumstances may cause it to go longer.

Probate timescales will depend on the complexity and size of the estate. If there is a Will in place and the estate is relatively straightforward it can be done within 6 months. If there is no Will or the Estate can not easily be valued or identified then the process may take longer, likely more than 12 months.

Living Trusts In Michigan, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

Informal probate typically takes less than a year, and may take less than six months. However, if it extends for more than a year, you will need to file a Notice of Continuing Administration.

A personal representative may be formally appointed by a Probate Judge after a petition is filed in the Probate Court. The petition can be filed by an interested person to the decedent's estate.

Formal proceedings have more steps than informal proceedings. If a dispute over the will or appointing a personal representative is likely, formal proceedings give more oversight and finality than informal ones. Formal proceedings are done in front of a probate court judge.

Assets owned in the deceased's name only (such as real estate, bank accounts, stocks and bonds) and personal property exceeding $15,000 generally have to go to probate court. Michigan law also allows for a streamlined probate process in the case of smaller estates under a certain value.

However, when an individual dies without a will -- referred to as dying intestate -- a probate court appoints an executor or personal representative. In Michigan, as in other states, a deceased person's family members or friends may request appointment by a probate court.

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