Complete Legal Michigan Probate Forms For Free

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. You may want to talk to a lawyer if the administration of the estate might be contested.

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.

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 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.

If the estate's value is under the ?small estates? limit in Michigan, you can use a simplified probate procedure, called a ?summary probate.? You don't need a court hearing in front of a judge ? you only need to file simple forms and wait a certain amount of time before distributing the assets.

One of the easiest ways to remove items from probate is to give them away while you are still alive (inter vivos or ?between living people?). By passing on heirlooms, collections, and even savings to your family during life, you can avoid probate over those assets, since they are no longer in your name when you die.