Navigating the complexities of estate planning can be daunting, especially when it comes to understanding probate laws. Probate is a legal process in which a deceased person’s estate is settled and distributed. It can be a time-consuming and potentially expensive for those involved. Here is what you need to know about avoiding probate if you live in the state of Michigan. A financial advisor could also help you find the right balance of protection and planning for your estate.
How Probate Works in Michigan
The probate process in Michigan involves the legal administration of a deceased person’s estate. The process may vary depending on factors such as the size and complexity of the estate, whether the deceased person had a valid will and who should be the new owner of the deceased’s assets. Here is a general overview of how the probate process works in Michigan:
- Petition the court to admit the will and appoint a personal representative. If the deceased left a valid will, this person is often the executor named in the document.
- The court officially opens the probate estate.
- The personal representative begins their duties, by notifying heirs and creditors of the decedent, inventorying the decedent’s property and settling any debts.
- After settling debts and taxes, the personal representative distributes the remaining assets to beneficiaries as per the will or state law.
- Finally, the court closes the probate estate.
Following this procedure can take anywhere from several months to years, depending on the estate’s complexity and whether any disputes arise. Many people want to avoid probate just because of the amount of time it takes to get it completed, and the money involved with being a beneficiary and trying to go through that process.
Why You May Want to Avoid Probate
Probate is a legal procedure initiated after a person’s death to settle their estate. And while it pays off debts, pays taxes and then distributes the remaining assets to beneficiaries, there are some common drawbacks that could compel you to find an alternative way to protect your assets. These include:
- Probate can be lengthy, extending from several months to years.
- Probate can be expensive, including court, attorney and executor fees.
- The probate process is public, which means that any details about your estate become public record.
As an example of how this works, imagine a businessman with a substantial estate and properties in multiple states. Not only will probate make estate details public but also the multiple properties could necessitate ancillary probate which is a separate process in the other states. This can be both time-consuming and costly.
Ways to Avoid the Probate Process in Michigan
Probate isn’t necessarily a process that everyone is stuck with. In fact, there are multiple strategies to avoid probate in Michigan. Each has unique benefits and potential drawbacks. Here are five common strategies:
- Name beneficiaries: This method involves naming beneficiaries on your bank accounts, retirement accounts and life insurance policies. Upon your death, these assets could directly pass on to the mentioned beneficiaries, avoiding probate.
- Create a trust: Creating a trust transfers ownership of your assets to the trust, effectively excluding them from your probate estate. There are various types of trusts in Michigan: Revocable living trusts, irrevocable trusts and testamentary trusts.
- Lady Bird deeds: This is an enhanced life estate deed that allows you to retain control over your property during your lifetime. Upon your death, the property is transferred to your designated beneficiaries, avoiding probate.
- Joint ownership: Under joint ownership, the property automatically passes onto the surviving owner upon your death, thereby avoiding probate since one owner is still alive.
- Gift assets: Tools like gifting assets during your lifetime can help avoid probate. Still, there are potential tax implications necessitating consultation with a professional advisor before gifting large assets.
The best strategy to avoid probate will depend on your specific estate and assets, as well as the legal interpretations that are applied to each strategy. You may want to work with an estate planning expert to make sure that you understand all of the legal and tax consequences for each strategy.
Bottom Line
By exploring options for bypassing probate in Michigan, you can potentially save time, maintain privacy and reduce estate settlement costs. While various strategies are available, their effectiveness depends on your individual circumstances and understanding of their implications and requirements.
Tips for Estate Planning
- A financial advisor can help you create the right estate plan that protects your assets and helps your beneficiaries avoid probate. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to three vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
- A good way to get started with your own estate plan is to follow this estate planning checklist.
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