Bloomfield Hills Probate Attorney

Seeking Favorable Outcomes During the Probate Process

Many people’s first experience with probate is usually after losing a loved one. Probate is, unfortunately, a necessary step many people have to go through before they can settle their loved one’s estate and receive any remaining assets once all of their debts are settled.

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What Does Probate Do in Michigan?

Probate is the court-supervised process for settling a person’s estate. The probate court opens a file, confirms whether a valid will exists, and appoints a personal representative with legal authority through letters of authority. That fiduciary secures property, gives required notices to heirs and creditors, prepares an inventory with date of death values, and manages accounts and real estate under Michigan probate law.

Valid claims and taxes are paid in statutory order, and then the remaining assets are distributed according to the will or by intestacy rules when there is no will. Many matters proceed as unsupervised estate administration with filings and notices, while supervised cases involve more frequent court review. When some assets sit in a funded trust, trust administration runs alongside the probate file to keep timelines and beneficiary communications coordinated.

Issues such as unclear documents, questions about capacity, title defects, closely held business interests, out-of-state real property, or minors receiving inheritances can require targeted probate proceedings or, in limited circumstances, probate litigation.

Who Serves as Personal Representative?

The personal representative is the fiduciary that the probate court appoints to manage probate administration under Michigan probate law. Priority to serve generally follows the will, then close family members, and letters of authority grant the power to act within the legal process.

What Are Their Responsibilities?

This process is typically the same for each case. The steps the personal representative will have to follow usually include the following:

• Accept the appointment, obtain certified letters of authority
• Secure the residence and other property, maintain insurance, and forward mail
• Apply for a federal tax identification number, open an estate account, and avoid commingling
• Give the required notice to heirs and interested persons, and publish a creditor notice when required
• Identify and marshal assets and documents, secure digital access
• Prepare an inventory with date of death values, and keep detailed records
• Review titles, liens, and beneficiary designations, and resolve conflicts before distributing assets
• Collect income, manage accounts, and real estate during administration
• Pay approved expenses, valid claims, and taxes in statutory order
• Provide accounting to beneficiaries, respond to reasonable information requests
• Distribute remaining assets according to the will or by intestacy rules
• File a closing statement or final account, and close the probate case with the court

If a funded trust exists, trust administration proceeds in parallel, so timelines and beneficiary communications stay coordinated.

How Are Creditor Claims and Bills Handled?

After the court issues letters, the personal representative gives notice to known creditors and publishes notice to others, which starts a claims window set by Michigan law. Bills and invoices are gathered, logged, and paid only from the estate account, preserving receipts and bank records as part of the legal process.

Claims are reviewed for validity. Improper or late claims can be disallowed in writing, and the probate court resolves disputes when creditors object. Payments follow statutory priority: administration expenses and necessary preservation costs, last illness and funeral charges, taxes, and then other debts. If the estate is insolvent, creditors are paid by class and sometimes pro rata. Routine obligations that protect estate property, such as insurance and utilities, are kept current until administration ends.

How Do Trusts and Probate Work Together?

When someone dies with both trust and probate assets, two tracks run simultaneously. The trustee follows the trust agreement, manages trust property, gives required beneficiary information, and records distributions. The personal representative opens probate court, receives letters of authority, secures probate assets, provides notices to heirs and creditors, and begins probate administration under Michigan law.

A pour-over will directs any remaining probate assets to the trust after claims and expenses are resolved. The personal representative transfers what is left to the trustee, who then distributes under the trust terms. Funding gaps are common. Accounts or real estate not titled to the trust must be collected through the legal process and moved as directed.

Coordination matters, inventories, and accountings should align. Tax reporting may require separate estate and trust returns, and real estate titles and business interests often need careful sequencing. If disputes arise, the probate court can hear will issues and trust issues together. Limited probate litigation may be necessary to settle legal matters and keep distributions on schedule. An experienced probate lawyer and a careful legal team ensure notices, deadlines, and record keeping support the plan without unnecessary delay.

What Can You Do To Help Your Family Avoid Probate After You Are Gone?

• Create and fund a revocable living trust, retitle the home, bank accounts, and brokerage accounts as appropriate.
• Use beneficiary designations on retirement accounts and life insurance, and add payable on death or transfer on death instructions to bank accounts.
• Record a Lady Bird deed for a primary residence when suitable, which allows the property to pass outside probate.
• Ensure that beneficiary forms are current after marriage, divorce, births, or deaths, and align them with your plan.
• Title out-of-state property to your trust to avoid ancillary probate.
• Name a trust for minors rather than leaving assets outright to children.
• Coordinate business succession so ownership transfers by contract, not by probate.
• Address tax planning and long-term care with elder law guidance when relevant.
• Verify titles and designations with estate planning attorneys when rules change, maintain an updated asset list, and proof of funding.

How Can a Probate Attorney Help You?

A probate attorney turns a difficult legal process into a clear checklist, so your family stays organized and on schedule. An experienced attorney opens the file, secures letters of authority, and helps the personal representative handle notices, inventories, creditor claims, taxes, and accountings. The law firm coordinates real estate transfers and sales, addresses title issues, and works with banks and insurers so funds move correctly. If assets sit in a trust, the attorney aligns probate administration with trust administration, keeping timelines and beneficiary communications consistent. 

When legal issues arise, from will questions to disputes over property, counsel prepares evidence, calendars hearings, and pursues the right legal options. For estates that touch business interests, the team arranges valuations and interim management. You also get practical guidance that complements estate planning, including powers of attorney and advance directives for future decisions. Ready for focused probate services and personalized legal services that help clients navigate each step, call ADAM at 248-290-6675 to speak with a probate lawyer.