Wayne and Oakland County Michigan Probate

The Importance Of Probate

At C. Smith Law Group, we understand that the process of probate can be daunting. Probate is the legal process of distributing a deceased person's assets to their heirs. The Wayne and Oakland county probate courts are responsible for overseeing the administration of estates. 

The purpose of probate is to collect the deceased person's assets, pay any debts and taxes, and then distribute the remaining assets to the beneficiaries. 

When a loved one dies, the last thing you want to deal with is paperwork and court appearances. However, if the deceased person did not have a valid will, it may be necessary to go through probate in order to settle their estate.

The Guardianship and Conservatorship Process of Probate in Michigan

If you are appointed as a guardian or conservator in Michigan, there are certain duties and responsibilities that come along with that title. Here is a brief overview of the process of probate in Michigan, as well as what you can expect if you are named a guardian or conservator.

The Process of Probate in Michigan

When someone dies, their assets need to be distributed according to their wishes as stated in their will. This process is called probate, and it can be a long and complicated process. If the deceased person did not have a will, their assets will be distributed according to Michigan law. 

During probate, the court will appoint a personal representative to oversee the distribution of assets. The personal representative is responsible for collecting all the deceased person's assets, paying any debts and taxes that are owed, and distributing the remaining assets according to the will or Michigan law. 

If You Are Named As a Guardian or Conservator in Michigan

There are certain duties and responsibilities that come along with that title. As a guardian, you will be responsible for making decisions about the care and welfare of the ward (the person who has been placed under guardianship). This includes decisions about where the ward will live, what medical treatment they will receive, and what type of education or training they will receive. 

As a conservator, you will be responsible for making financial decisions on behalf of the ward. This includes paying bills, managing investments, and handling any other financial matters. 

The process of probate in Michigan can be long and complicated. If you have been named as a guardian or conservator, it is important to understand your duties and responsibilities. Seek legal counsel if you have any questions or concerns about your role in the probate process.

WAYNE AND OAKLAND COUNTY MICHIGAN ESTATE PLANNING

1. File a Petition

The first step in the probate process is to file a petition with the probate court. The petition must include a copy of the death certificate and the names and addresses of the decedent's heirs. 

Once the petition is filed, the court will issue letters testamentary or letters of administration. These letters give the personal representative authority to settle the estate. 

WAYNE AND OAKLAND COUNTY MICHIGAN ESTATE PLANNING

3. Distributing Assets

Finally, once all debts and taxes have been paid, the remaining assets can be distributed to the beneficiaries. 

If there is no will, state laws dictate who will inherit the assets. If there is a will, then the assets will be distributed according to the terms of the will. 

Principal & Founder

Shalanda C. Leggs, Esq.

Shalanda Leggs, Esq. is Principal and Founder of The C. Smith Law Group, PLLC located in the Metropolitan Detroit area. She holds a Bachelor of Business Administration in Finance from Eastern Michigan University and a Juris Doctor in Law from The University of Detroit School of Law.

Shalanda’s areas of primary practice include Probate (guardianship, conservatorship, estate administration) and Estate Planning and Business Law including business structure. She is a native Detroiter and possesses the hustle and drive that the city is known for.