Probate

How We Can Help

We're experienced in guiding families through the Michigan probate process efficiently and effectively. Here's a quick look at how we can help:

• Understanding your situation. During our initial consultation, we'll listen to your concerns and explain the probate process in plain language.
• Handling court filings. We can ensure all legal documents are filed correctly and on time. That way, you don't have to worry about procedural errors.
• Resolving disputes. If conflicts arise over the will, estate assets, or executor responsibilities, we can work to resolve them fairly and efficiently.
• Guiding executors and administrators. Whether you've been named executor or need help administering an estate, we can provide the support you need to fulfill your duties.
• Protecting your interests. We can advocate for your rights and help you navigate any legal challenges that come your way.

And at any point in the probate process, you can always ask a Detroit probate lawyer from our team any questions you have. We take pride in keeping our clients informed at every step.

Common Issues We Handle

Probate can be simple or complex, depending on the circumstances. At the Law Offices of Miller & Miller, P.C., we've helped Detroit families navigate a wide range of probate matters, including:

• Validating wills. We work to ensure the will meets Michigan's legal requirements and is accepted by the probate court.
• Estate administration. We can guide executors and administrators through inventorying assets, paying debts, and distributing property.
• Will contests. We represent parties in disputes over the validity of a will or its terms.
• Intestate succession. We confidently help families navigate probate when there is no will.
• Trust administration. Our firm is here to make sure trustees fulfill their responsibilities and comply with the law.
• Guardianship and conservatorship. We can help with the appointment of guardians or conservators for minor children or incapacitated adults.

The Probate Process in Michigan

If you've never been through it before, Michigan's probate process can be pretty daunting. But at the Law Offices of Miller & Miller, P.C., we're here to guide you every step of the way.

Here's a breakdown of the typical steps involved in probate in Michigan, so you know what to expect:

Filing the Will with the Probate Court (If a Will Exists)

The first step is submitting the will to the appropriate Detroit Probate Court. This process ensures that the will is officially recognized as valid and initiates the probate proceedings. If no will exists, the estate will proceed according to Michigan's Intestacy Laws.

Appointing an Executor or Administrator

The court will appoint an executor (if named in the will) or an administrator (if no will exists). This person is responsible for managing the estate, and we're here to help them understand and fulfill their duties properly.

Inventorying and Appraising the Estate's Assets

The executor or administrator must identify and value all of the estate's assets, including real estate, financial accounts, personal property, and more. We can guide you through this process and help ensure nothing is overlooked.

Paying Debts, Taxes, and Other Obligations

Before any assets can be distributed, the estate must pay off debts, settle taxes, and handle any other financial obligations. Our team can help you manage creditor claims and navigate Michigan's estate tax requirements.

Distributing the Remaining Assets to Beneficiaries

Once all debts and taxes are paid, the remaining assets are distributed to the beneficiaries according to the will or Michigan law. We can help ensure this process is handled fairly and efficiently so you can focus on moving forward.

Probate may feel like a daunting process, but you don't have to navigate it alone. At the Law Offices of Miller & Miller, P.C., we take care of the legal complexities so you can focus on what matters most.

Why Work with a Probate Attorney?

While some families can handle simple estates without legal assistance, probate often involves complex legal and financial issues. Working with an experienced probate attorney in Detroit can:

• Simplify the process. Avoid confusion and unnecessary delays by letting us handle the legal details.
• Resolve conflicts. Prevent or address disputes among heirs or beneficiaries.
• Ensure compliance. Protect yourself from personal liability by meeting all legal requirements.
• Save time and money. Streamline the Michigan Probate Process to minimize costs and delays.

Frequently Asked Questions

Probate is anything but simple. But if you work with a probate attorney in Detroit, it can feel simple. That's because we have the answers to your questions.

Here are some common questions we hear about probate:

What is probate, and when is it required?

Probate is the legal process of validating a will, paying debts, and distributing assets. It's typically required when someone passes away owning assets solely in their name without a beneficiary designation.

How long does the probate process take?

The timeline varies, depending on the size and complexity of the estate. Simple cases may take a few months, while more complex estates can take a year or longer.

What happens if there is no will?

If someone dies without a will, their estate will be distributed according to Michigan's intestacy laws. A probate attorney can help ensure the process is handled correctly.

What are the responsibilities of an executor during probate?

The executor is responsible for tasks like inventorying the deceased's assets, paying debts and taxes, distributing property to beneficiaries, and filing required documents with the probate court. An attorney can help you ensure these duties are carried out correctly and efficiently.

Can probate be avoided?

Yes, certain strategies — like setting up a trust or naming beneficiaries on financial accounts — can help avoid probate for some or all assets. A Detroit probate court lawyer can advise you on the best options for your specific situation.

What if there is a dispute over the will or estate?

Disputes can arise if someone believes the will is invalid, there are concerns about undue influence, or the terms of the will are unclear. An experienced probate attorney from our firm can represent your interests in court or work toward a resolution through mediation.

Simplify Probate

Probate doesn't have to be a stressful or confusing experience. With the Law Offices of Miller & Miller, P.C., you'll have a trusted advocate by your side every step of the way.

To learn more about how a Detroit probate attorney can help you navigate probate, contact us today. We're here to provide the guidance you need and peace of mind you deserve.