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The main purpose of the UPC is to create a comprehensive and uniform set of rules for the probate process, which includes the handling of wills, trusts, and intestacy, which happens when someone dies without a will.
The general procedure required to settle an estate via probate in Michigan is set out in the Uniform Probate Code, a set of probate procedures that 15 states have adopted. Under the UPC, Michigan has 3 kinds of probate proceedings: (i) informal, (ii) unsupervised, and (iii) supervised formal.
Here are a few common instances where assets do not require probate in the State of Michigan: Assets owned under ?joint tenancy.? Beneficiary designation assets (i.e. retirement accounts with a listed beneficiary) When the decedent has assets named within a trust.
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.
The entire Uniform Probate Code has been adopted by eighteen states. Other states have adopted parts of the Uniform Probate Code, but it has not become a standardized law across all fifty states.
Michigan law requires almost all estates to go through probate. However, there are a few exceptions. If an estate is worth less than $24,000 after funerary costs and contains no real estate, it can almost entirely bypass probate.
In Michigan, a person's property is generally distributed by the will. But if a person dies without a will, Michigan probate laws defines what happens next. Upon the opening of the probate process, the Michigan probate court will appoint a personal representative for the estate.
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 ...