Get Macomb County Probate Court Forms 2021-2024

If you are serving as the personal representative (executor) of someone's estate, you might be wondering how quickly after their death you must file probate. Unlike some states, Michigan does not have a required filing deadline for a probate case.

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.

Michigan Probate Laws require a decedent's assets go through Probate if the assets were held solely in their name. Assets usually don't need to go through Probate if the assets that are jointly owned, the assets have a beneficiary designation, or the assets are held in a Living Trust.

Probate proceedings are usually open to the public, so there is little privacy involved. How to avoid probate in Michigan. ... Joint tenancy. ... Lifetime gifts. ... Payable on death accounts. ... Transfer with Retained Life Estate. ... Create a trust. ... Help is available.

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.

Whether an estate is small depends on the value of the property in it. The dollar limit can change each year. If a person dies in 2023, an estate must be valued at $27,000 or less to be small. If a person dies in 2022, an estate must be valued at $25,000 or less.

How do you start the Probate process in Michigan? Probate must go through the county Probate Court in which the decedent resided at the time of their death. Once you determine whether you need a formal or informal probate proceeding, you need to file a petition with the county Probate Court to get the process started.

File the form, the decedent's will (if there is one), and a certified copy of the death certificate with the county probate court where the decedent lived. If the decedent did not live in Michigan but owned real property in Michigan, file the documents in the county where the real property is located.