Generally speaking, probate is only necessary when a person dies
leaving property in his or her own name (such as a house titled only
in the name of the decedent) or having rights to receive property (such
as wrongful death claim or a debt owed to the decedent). However,
not all property in which the decedent has an interest will be subject
to probate. There are 4 kinds of
property which pass to a new owner on death without going through
probate. Instructions for filling out the
Account Form
READ BELOW TO DETERMINE WHICH TYPE OF ESTATE WOULD BEST SUIT YOUR
NEEDS:
a. Unsupervised - Informal probate -
permits the Personal Representative (PR) to act in a manner
independent of the court unless intervention is requested by the
PR or an interested person (such as an unpaid creditor or an
estate beneficiary). This form of administration is
generally preferred unless there is a specific reason to request
the court’s supervision of the estate. In addition,
since there is less court involvement, fewer details concerning
the estate's administration will be in the court file and
available for inspection by the public and the media,
unsupervised administration offers some privacy for the
decedent's family.
b. Supervised - Formal probate - requires the
probate court's review and approval of much of the estate
activities. For example, in supervised administration the
court would be required to (i) approve the sale of the
decedent's real estate (unless the decedent's will authorizes
the PR to do so), (ii) authorize the payment of PR and attorney
fees, (iii) review the PR's accounting of all receipts and
disbursements, and (iv) prior approval of all distributions to
heirs (people receiving property from the estate is there is no
will) and devisees (people receiving property under a will).
While the court's involvement frequently adds to the time and
expense of administering an estate, the court's supervision will
likely afford greater protection to the PR and the other
interested persons against losses and claims.
c. Estate under $18,000
- all
of the real and personal property owned by the decedent has a
total value equal to or less than the sum of the following: (1)
the funeral expenses; plus (2) $18,000. Upon presentation
of a petition and payment of the filing fee, the probate court
may order that the funeral expenses be paid, if they have not
been paid, or that the person who paid them be reimbursed.
The balance of the property will be assigned to the surviving
spouse, or if none, to the decedent's heirs under Michigan's law
of intestate succession. No court hearing is held.
Hon. Carol Hackett Garagiola - Chief Judge, Livingston County Probate Court
Livingston County Probate Court
Judicial Center Building - 204 S. Highlander Way, Suite 2, Howell, MI 48843
Phone 517.546.3750 FAX 517.552.2511
Email: probatecourt@co.livingston.mi.us
