Lansing, MI asked in Estate Planning for Michigan

Q: My sister died with nothing but debts - do we need to actually go through probate?

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2 Lawyer Answers

Don L Rosenberg

  • Estate Planning Lawyer
  • Troy, MI
  • Licensed in Michigan

A: No. only her estate is liable for her debts. Since no probate is necessary the debts do not get paid. Write a letter to the creditors stating she passed away, owning no assets whatsoever and no estate is necessary, also enclose a copy of her death certificate.

Kenneth V Zichi agrees with this answer

Kenneth V Zichi

  • Estate Planning Lawyer
  • Howell, MI
  • Licensed in Michigan

A: I agree, but unless the creditors are hounding YOU you should realize you don't even need to bother notifying them -- IF indeed there are no assets to probate. If you have questions, you should seek counsel with a local probate attorney. Most of us offer free or low cost consultations and you can get most if not all of your questions answered for a very low (or no) fee. Don't be afraid to make a few calls and set up an appointment with a local attorney!

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