In Michigan, if someone dies without having a will then Michigan's intestate laws will determine who the heirs are and who acts as the representative for the estate. Generally, the individuals that become heirs are the decedent's living spouses, their kids, parents or siblings. Having a will gives control to the individual creating the will. They get to decide
who gets what property and can distribute it as they wish. It is also important for the author of the will to choose a personal representative or executor of the will. This ensures that a trusted individual will act in that role.
Individuals creating their wills must also be considerate of their children who are not yet 18 years of age. They will need to appoint a legal guardian for them. If a person doesn't leave a will, the court will decide who becomes the legal guardian of their children. This can be a quite frightening prospect.
Individuals in Michigan can not avoid probate by simply creating a will. What will determine whether or not a will has to go through probate are the types of property that are owned by the decedent. A will just gives the author more control.
Probate in Michigan
In Michigan, not every type of property has to be probated. Bank accounts that are owned jointly, CDs or stock accounts that have rights of survivorship do not have to be probated. The same holds true for property if there is more than one name on the deed. Any vehicle that is not worth at least $60,000 can be transferred to another family member, usually the spouse and there is no need for it to go through probate. There are other types of property that also may not have to be probated. You can find more information in regards to this in the Michigan statutes which govern non-probate assets.
The personal representative is a huge part of the probate process. Essentially, they will be handling basically everything. They will have to contact all of the decedent's heirs and their creditors, field any claims and either deny or payout any property or money. Therefore, it is very important for the individual creating the will to choose a person that will be able to handle the role. Obviously, it is a good idea for the personal representative to have a probate attorney so they won't be handling the entire process on their own, but again, the author of the will needs to make sure that they put some careful thought into who they choose as the personal representative and they need to make sure that they are up for the task. The personal representative does not have to live in the state of Michigan and they can be anyone. They don't necessarily have to be a family member.
The probate process can go forward with or without a bond. A bond protects the decedent's heirs in case the personal representative makes mistakes or misuses the estate. The bond does have to cover the value of the estate. If you really trust your personal representative then they may allow for a probate without bond but this generally is not recommended. The bond is not extremely expensive and it does protect the decedent's assets so that they will get what was intended for them from the deceased individual even if the will is mishandled.
Probate Resources- Michigan
Inheritance Taxes- Michigan
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