Wooden Gavel, Scale, and Document on a Table | What Happens in Probate Court | The TGQ Law Firm

What Is Probate Court?

Probate court is a legal process that allows you to authenticate the wishes of a family member after they pass. The probate court system assesses an individual’s last will and testament to ensure that the deceased’s wishes receive attention.

So, what happens in probate court? The court system first decides whether or not an individual left a valid will. Furthermore, the probate system may:

  •       Assign an executor to the estate
  •       Locate any assets
  •       Assign a value to the assets
  •       Pay any debts from the decedent’s assets

Once the probate court takes the above steps, it distributes the rest of the decedent’s assets to their heirs and beneficiaries. Different states use different laws to handle their probate court. However, this provides an overview of how the system generally works.

You can learn more from an estate planning attorney in Ann Arbor, MI, like the team at The TGQ Law Firm.

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What Happens in Probate Court?

The probate court normally assesses an individual’s estate after their death. The probate court system reviews several legal documents, including wills. Depending upon the amount of estate planning an individual prepared before their death, the probate court may perform different tasks.

For example, some individuals do not designate beneficiaries before their deaths. In this situation, the court holds their assets and makes them inaccessible. The individual’s heirs can only access the assets after the probate court gives some authority to distribute the assets.

The probate court system usually assesses state laws and an individual’s will to appoint an authority to handle the distribution process.

You may also end up in probate court to handle matters related to conservatorships and guardianships. In some cases, the court assigns someone to look after children or incapacitated persons in the event of a caretaker’s death.

How Does Probate Court Work?

The Michigan probate court system generally uses four steps to resolve estates. The court first appoints a personal representative to:

  • Gather up the assets of the decedent
  • Pay any legal debts or taxes
  • Distribute the inheritance

The probate court might name the personal representative if the decedent did not list a representative in their will. The representative assembles the assets as the second step in the probate system. In some cases, the representatives have the assets appraised.

After collecting all relevant assets, the representative pays:

  • Creditors
  • Funeral expenses
  • Debts
  • Taxes

Any general administrative expenses may also be paid at this time. Finally, the representative distributes any assets that remain. The representative may follow guidelines listed in the will if they exist. If not, the representative adheres to state regulations.

Smaller estates often go through an informal probate system. On the other hand, large and complex estates go through formal proceedings.

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How Do You Avoid Probate Court?

Many families prefer to avoid probate court if at all possible. The legal process of moving an estate through probate can take a significant amount of time, preventing your beneficiaries from accessing their inheritance for some time.

You may want to find a “probate attorney near me” if you want to avoid probate court in Michigan. You can often go through a simplified probate process to help remove stress in the future.

You also have a chance to avoid probate if your estate contains certain property exceptions. Probate courts typically do not handle:

  • Jointly owned property
  • Retirement accounts
  • Insurance policies

In addition, you can take steps to avoid probate court by setting up a trust as part of the estate planning process. A trust allows you to handle your property and funds outside of a will. You can find out more with our team.

Michigan Estate Planning Attorney | The TGQ Law Firm

Do you want to know more about what happens in probate court? Our team at The TGQ Law Firm can step in to help you in this situation. We understand how the probate system works in Michigan and provide detailed information to our clients.

Our team helps with estate planning to allow your beneficiaries to avoid the probate system. We provide legal assistance with setting up wills and trusts that clearly express your wishes for your estate.

You can contact us for an appointment by calling 734-707-3232 today.

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Disclaimer: This article is not intended to be legal advice. Everyone’s situation is different and legal advice is only properly given after having reviewed your specific situation.