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Michigan Petition of Creditor of an Estate of a Decedent for Distribution of the Remaining Assets of the Estate

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US-02438BG
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The following form is a Petition that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

Description: The Michigan Petition of Creditor of an Estate of a Decedent for Distribution of the Remaining Assets of the Estate is a legal document that allows a creditor to request the distribution of the remaining assets of a deceased person's estate. This petition is filed in probate court to assert a creditor's claim on the estate assets and ensure proper distribution. Keywords: Michigan, Petition, Creditor, Estate of a Decedent, Distribution, Remaining Assets. Types of Michigan Petition of Creditor of an Estate of a Decedent for Distribution of the Remaining Assets of the Estate: 1. Unsecured Creditor Petition: This type of petition is filed by a creditor who does not hold any security interest or collateral against the deceased person's assets. The creditor seeks to assert their claim on the remaining assets for repayment. 2. Secured Creditor Petition: This petition is filed by a creditor who holds a security interest or collateral against the deceased person's assets. The purpose is to assert their claim on the remaining assets, using their security interest as a means of repayment. 3. Priority Creditor Petition: This type of petition is filed by a creditor who holds priority claims on the estate's assets. Priority claims include expenses related to the funeral, administration costs, and certain taxes. The purpose is to establish the creditor's right to be paid before other creditors. 4. Debtor's Assets Petition: This petition is filed by an individual or entity who owes money to the deceased person and holds their assets. The purpose is to request the court to distribute the assets directly to the debtor to satisfy their debt. 5. Particular Creditor Petition: This petition is filed by a specific creditor who seeks the distribution of specific assets from the estate to satisfy their claim. The purpose is to assert their right to those specific assets and prevent their distribution to other creditors. It is important to note that each type of petition may have specific requirements and procedures that must be followed according to the laws of Michigan. Consulting with an attorney with expertise in probate and estate law is highly recommended ensuring compliance and a smooth process.

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FAQ

Probate court is a specialized type of court that deals with the property and debts of a person who has died. The basic role of the probate court judge is to assure that the deceased person's creditors are paid, and that any remaining assets are distributed to the proper beneficiaries.

(a) Within 4 months after the date of the publication of notice to creditors. (b) If the personal representative first knows of an estate creditor less than 28 days before the expiration of the time limit in subdivision (a), within 28 days after the personal representative first knows of the creditor.

Common sources of information about asset existence include: The will. A list the decedent prepared in advance. The decedent's lawyer or tax accountant.

Probate is the court supervised process of identifying and gathering a person's assets after their death, paying all of their debts, and distributing the balance to the rightful heirs or beneficiaries.

A distribution is the delivery of cash or an asset to a given heir. After resolving debts and paying any taxes due, the executor should distribute the remaining estate to the heirs in ance with the instructions in the will (or as dictated by the court).

More info

... decedent lived) at the time of death. If the decedent was domiciled outside of Michigan , but had property in Michigan , the petitioner may file an estate ... 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. You must pay ...The order of complete estate settlement would authorize the final distributions of the estate. This procedure and the forms used are explained in greater detail ... A schedule for the distribution of all remaining assets of the estate is filed and served with this petition. ... in full (evidence of full payment from Michigan ... (7) The persons interested in a proceeding for partial distribution of the estate of a decedent are the ... (8) The persons interested in a petition for an order ... Learn what happens in a probate estate in Michigan after a person's death. From the Probate and Estate Planning Section of the State Bar of Michigan. (a) Retain property owned by the decedent pending distribution or ... (dd) Satisfy and settle claims and distribute the estate as provided in this act. Personal Representative · Prepare an Inventory · Pay the Inventory fee · Give notice to creditors · Pay the taxes · Pay the bills of the estate and claims against ... STATE OF MICHIGAN. PROBATE COURT. COUNTY OF. PETITION FOR. COMPLETE ESTATE SETTLEMENT. FILE NO. ... remaining assets of the estate is filed and served with this ... It cannot be used to distribute property to a beneficiary of a will. That provision is discussed in the next probate note entitled Court. Order Distributing ...

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Michigan Petition of Creditor of an Estate of a Decedent for Distribution of the Remaining Assets of the Estate