Q: If my uncle had a will and the family is amenable to dividing property according to its instructions, do we need to
still go through probate?
A:
It depends on what property is being transferred by the will. Michigan law provides a number of options to transfer property of a deceased person without court involvement. For example,
MCL 700.3981 (wearing apparel and cash not more than $500)
MCL 408.480 (paychecks owed to the deceased)
MCL 257.236(2) (automobiles worth less than $60,000)
MCL 700.3983 (small estate consisting of personal property only, valued at no more than $23,000)
If the property of the estate includes real estate, or the value of the property in the estate property exceeds the above amounts for the above categories of property, then you'll need to open a probate estate. But all is not lost; if the estate is small it may qualify for summary administration, which is a quick way to open an estate, distribute the assets, and then close the estate without having to notify creditors or wait the usual statutory amount of time to close the estate. If you want advice about the property in your will, it's best to talk to a probate lawyer who can review the facts with you and figure out exactly what you need to do.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on any information you get from internet discussion boards such as this one.
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