Michigan Estate Planning Lawyer Blog

• How long will the Michigan probate process take from opening to closing?

The answer disappointments many people.  The absolute shortest time that a Michigan probate will remain open is five months.  In that time, notice to creditors must be published and creditors must be given time to make claims against the estate.  While five months is the minimum, the average Michigan probate takes between six to twelve months.  That is assuming it is properly handled from the beginning by competent Michigan probate lawyers.  If there are complications in the process, it can run even longer.

• How much will the Michigan probate matter cost me or the estate?

The answer is, it depends.  It depends on the complexity of the matter, size of the estate, and time the probate process takes to run its course.  On average, a probate will eat up 3-5% of any assets that pass through the probate system.  Costs included filing fees, inventory fees, attorney fees, publication fees, document fees, attorney fees, etc.  For example, our office has paid upwards of $1500 to the Wayne county probate court just for the inventory fee alone.

• What about creditors of the deceased?

The personal representative in the Michigan probate must notify known creditors and publish notice to unkown creditors.  Once notice is published, creditors have a period of four months to step forward to make a claim against the estate of the deceased.

• Can Michigan Probate be avoided?

The answer is yes.  We, as Michigan estate planning lawyers, help our clients avoid the probate system on a daily basis.  We assist our clients by preparing revocable livng trusts, and working with their beneficiary designations to make sure that they avoid probate.  I'll just mention that utilizing joint ownership, naming children on quit claim deeds, naming children on joint accounts is not a good idea.  Sure you can avoid probate, but you are opening up a whole other can of worms including liability issues and nasty tax consequences.