Michigan Probate Process

When a loved one passes, families face immeasurable grief and a long healing process—and in some cases, they must also go through the Michigan probate process. If the deceased owned assets solely in their name and the value of those assets exceeds a certain threshold, the estate goes through probate for proper administration.

What Is Michigan Probate?

Probate is the legal process of administering an estate after death, with or without a valid Will. The process can vary depending on the circumstances. If the deceased leaves a Will, probate proves its validity and follows its instructions.

When someone dies without a Will or with a contested Will, the Probate Court applies the laws of the deceased’s state of residence.

Many scenarios can arise when a loved one dies. The rules and processes vary depending on the person’s relationships, such as whether they are married or have children.

Michigan Probate Laws

In Michigan, probate laws divide assets into two categories: probate and non-probate.

Probate assets include anything titled solely in the deceased’s name, without beneficiary designations or co-owners with survivorship rights.

Non-probate assets include those held in a trust, jointly owned with survivorship rights, or assigned to a living beneficiary.

Michigan law allows exceptions. You may not need formal probate proceedings when:

• the value of the estate is less than $51,000 (as adjusted for inflation), or
• after funeral and burial costs are paid, the value of the estate is less than $51,000 (as adjusted for inflation).

What if a family member contests the Estate?

Sometimes, a Will is contested. Contesting is a process by which an heir or another recognized party asks that the Will be deemed invalid. In this process, the challenger must prove that the Will is invalid based on Michigan law.

A contested Will is one of many situations that require an attorney’s help. The probate lawyers at Dingeman & Dancer guide you through the process. Whether you contest a Will or defend your loved one’s wishes, we stand by your side. We ensure the probate process stays fair and thoroughly investigate any challenges..

At Dingeman & Dancer, PLC, it’s our mission to make the probate process easier for grieving loved ones. We work with families to execute Wills and work through the guidelines of the Probate Court.