Probate is the legal process of managing and distributing a person’s estate after they pass away.

At Inhulsen Law, we know how challenging it can be to handle legal issues after losing a loved one. It’s overwhelming, especially when you’re already dealing with grief.

In Michigan, there are two distinct probate options: informal and formal. Knowing the difference between these processes can help you make the best decision for your family and the estate.

Let us walk you through the key distinctions between informal and formal probate so you know what to expect and can make decisions as efficiently as possible.

Informal Probate in Michigan

Informal probate is designed to be the more straightforward option, usually requiring minimal court involvement. . Going this route can save time and effort, making it a more manageable approach for families who want a quicker resolution.

When Is It Suitable?

Informal probate is most appropriate in cases where the estate is simple, and the family is on the same page. Here are the specific conditions that make informal probate a good fit in Michigan:

• The deceased left a valid will, and there’s no conflict over its terms.
• The estate’s value is under a certain amount (currently $100,000).
• All heirs or beneficiaries are known and agree on how the assets should be distributed.
• There aren’t significant debts or legal complications.

The Process

Informal probate follows a fixed set of instructions:

1. Filing paperwork with the probate court’s registrar.
2. Appointing a personal representative (often a family member) to handle the estate.
3. Collecting and distributing assets to the appropriate beneficiaries.
4. Officially closing the estate once all tasks are completed.

Advantages of Informal Probate

• Faster and Less Expensive: The simplified nature of informal probate often means lower costs and a quicker resolution, sparing families from prolonged court involvement.
• Reduced Court Involvement: Without frequent hearings or court appearances, the process feels less intimidating and burdensome for families already dealing with loss.

Formal Probate in Michigan

Formal probate involves more oversight from the court. While it may take longer and require more paperwork, it also offers increased protection, especially when there are disputes or substantial debts involved.

When Is It Necessary?

Formal probate is generally required when the estate is larger or more complicated.  Specific reasons formal probate may be necessary include:

• The estate exceeds the threshold for informal probate.
• Disputes arise over the will, or its validity is questioned.
• There are disagreements about who should inherit assets.
• The estate has complicated financial arrangements, such as significant debts or business interests.
• Court oversight is needed to ensure the protection of the beneficiaries or creditors.

The Process

The formal probate process follows a more structured path and involves several key steps:

1. Filing a petition with the probate court to begin the process.
2. Appointment of a personal representative to manage the estate.
3. Providing notice to creditors and heirs.
4. Holding court hearings as necessary to address disputes or review the estate’s progress.
5. An inventory and appraisal of the estate’s assets.
6. Payment of debts and any taxes owed by the estate.
7. Distribution of remaining assets to beneficiaries.
8. Filing a final accounting with the court and officially closing the estate.

Advantages of Formal Probate

• Protection and Resolution: If there are disagreements or complications with the estate, formal probate ensures that disputes are resolved fairly and legally.
• Court Oversight: With greater involvement from the court, formal probate provides additional layers of protection for beneficiaries, heirs, and creditors, which is especially important when the estate is large or contested.

Choosing the Right Path

Deciding between informal and formal probate depends on a variety of factors. If the estate is small and the situation is straightforward, informal probate may be the best choice.

If there’s a larger estate or potential disputes among heirs, formal probate might provide the necessary legal structure.

Let Us Guide You Through Probate

At Inhulsen Law, we understand that probate can be a daunting process, especially during an already difficult time. We’ve got you covered whether your situation calls for informal probate to keep things simple or formal probate to handle more intricate issues. Our team is here to provide you with personalized guidance.

Contact us today at (616)-747-0000 to schedule a consultation and ensure that your loved one’s estate is handled with care, efficiency, and respect.