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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.
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.
Closing the Estate The estate must be open for at least five months. Required notice to creditors must be published at least four months before closing.
SAMPLE WORDING FOR A LETTER OF WISHES I, (name), of (address), wish to state my wishes with respect to my gifts to charity. I appreciate that this letter imposes no legal obligation upon you but it expresses my wishes to which I hope you will have due regard.
A letter of instruction is a cheat sheet for anyone involved in settling your affairs. Unlike a will, this letter has no legal authority. However, it can provide an easy-to-understand explanation of your overall estate plan to your executor and lay out your wishes to your family for things not covered by the will.
Seeking Legal Recourse If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit.
It is often written by the executor or trustee to provide beneficiaries with specific details about their inheritance, such as the assets they will receive, distribution timelines, any applicable taxes or fees, and any requirements or conditions that need to be fulfilled.
Most Trusts take 12 months to 18 months to settle and distribute assets to the beneficiaries and heirs. What determines how long a Trustee takes will depend on the complexity of the estate where properties and other assets may have to be bought or sold before distribution to the Beneficiaries.
A beneficiary letter or letter of instruction provides the necessary information your heirs will need to locate, divide and use your estate. Keep in mind that unlike anything specified in a will, none of the instructions in the letter are legally binding.
It is often written by the executor or trustee to provide beneficiaries with specific details about their inheritance, such as the assets they will receive, distribution timelines, any applicable taxes or fees, and any requirements or conditions that need to be fulfilled.