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This week’s question:  WHAT IS PROBATE?

 

QUESTION: My father, who was a widower, died recently and I was told I have to open a probate estate?  I have no idea what to do.  What is probate and where do I start?

 

ANSWER:  Probate is the process of administering a decedent’s estate. It refers to the procedure by which a decedent’s will is admitted to the court for purposes of estate administration.  A probate estate needs to be opened even if the decedent did not have a will, if he/she died owning assets solely in his or her own name.  Probate is essentially re-titling assets from the decedent to his/her heirs.

 

A probate estate is usually opened in the county were the decedent resided but can be opened where any of the decedent’s property is located.  In Michigan, there are several types of probate, depending on the size and needs of the estate.   Your first steps should be to determine what assets the decedent owned, whether the assets were jointly owned with anybody else, who the decedent’s heirs are, and whether the decedent had a will.  This will help you determine if a probate estate needs to be opened and what type fits best.

 

The lawyers at GWINN TAURIAINEN PLLC are experienced attorneys and are happy to answer your questions. Give us a call for a free initial telephone consultation about your legal needs. For consideration of your questions in our web column, please submit your inquiry on the “Contact Us” page of our website at www.gwinntauriainenlaw.com.

Attorney and Counselor at Law

GWINN TAURIAINEN PLLC
901 Wilshire Drive, Suite 550
Troy, MI 48084
(248) 247-3300
(248) 247-3310 facsimile
[email protected]
www.gwinntauriainenlaw.com