How can someone determine if a probate estate has been opened for a decedent in Michigan?
Detailed Answer Under Michigan law, a probate estate officially opens when someone files a petition for probate or for appointment of a personal representative with the probate court in the county where the decedent resided. The court reviews the petition, admits the will (if any), and issues letters of authority. You can confirm whether this […]
Read article →What Documentation Is Required to Apply for Letters of Administration in Michigan?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Michigan’s Estates and Protected Individuals Code (EPIC), you must file specific documents to obtain letters of administration when no valid will exists. You submit these materials to the probate court in the county where the decedent resided. The […]
Read article →What information is needed to request estate files from a county probate division in Michigan?
Detailed Answer Under Michigan Court Rule 8.119 (Access to Court Records) and Michigan Court Rule 5.409 (Confidentiality of Probate Records), most probate court files are public unless sealed. To request estate files from a county probate division, you typically need the following information: Decedent’s Full NameProvide the exact legal name used in the probate petition. […]
Read article →How Can Service of Process Be Handled for Minors or Individuals Under Guardianship in Michigan?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney in Michigan for guidance on your specific situation. Detailed Answer Under Michigan law, service of process on minors and individuals under guardianship follows special procedures to protect those with limited legal capacity. The goal is to […]
Read article →What Steps Are Needed to Include Real Property into the Estate Successfully in Michigan?
Disclaimer: This article is for informational purposes only and is not legal advice. Consult a licensed Michigan attorney for guidance specific to your situation. Detailed Answer When someone dies owning real property in Michigan, that property must pass either outside of probate (by a transfer-on-death deed, joint tenancy, etc.) or through the probate estate. The […]
Read article →Steps to Transfer Out-of-State Property Interest in Michigan When Heirs Agree Without Ancillary Probate
Transfer Out-of-State Property Interest When All Heirs Agree Without Formal Ancillary Probate Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in the jurisdiction where the property is located. Detailed Answer When a Michigan resident dies owning real property in another state, Michigan courts lack direct […]
Read article →How does one obtain and use a court-ordered subpoena to gather estate records in Michigan?
Detailed Answer Under Michigan law, an interested person may secure estate records via a court-ordered subpoena duces tecum. Follow these steps to request and use such a subpoena in probate proceedings. 1. Confirm Your Standing Only “interested persons” may seek probate records. An interested person includes heirs, beneficiaries or creditors. Most probate records are public […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds? (Michigan)
Detailed Answer: Authorization Forms for Distribution of Real Property Sale Proceeds in Michigan When real estate from an estate sells, the personal representative must follow Michigan’s Estates and Protected Individuals Code (EPIC). Heirs who want direct proceeds must sign specific forms. These forms ensure the court and escrow agent distribute funds correctly and protect all […]
Read article →How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds Following the Owner’s Death or Divorce in Michigan?
How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds Following the Owner’s Death or Divorce in Michigan? 1. Detailed Answer When a property in Michigan sells at foreclosure and generates money beyond the amount owed, those excess proceeds are called surplus funds. A former spouse (through divorce) or a survivor (heir or […]
Read article →How to Distinguish Assets in a Deceased Person’s Estate from Corporate Assets in Michigan
How to Distinguish Assets in a Deceased Person’s Estate from Corporate Assets in Michigan Detailed Answer Under Michigan law, a deceased person’s estate is a legal entity that holds assets owned individually by the decedent at death. A corporation, by contrast, is an independent legal entity that holds assets in its own right. Recognizing which […]
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