Battle Creek, MI asked in Probate for Michigan

Q: In Michigan, it is my understanding that the probate proceedings must occur in the county where the individual died.

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1 Lawyer Answer
Trent Harris
Trent Harris
Answered
  • Estate Planning Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: Venue for a decedent who dies in Michigan depends on whether they were domiciled here (i.e., Michigan was the place where they had their home, with intent to remain indefinitely). If the decedent was domiciled in Michigan, then venue is in the Michigan county where the decedent had their domicile.

If the decedent was not domiciled here, then venue for estate proceedings is in a Michigan county where property of the decedent was located at the time of death. MCL 700.3201(1)(b) This administration extends to all assets in Michigan, even if some items are located outside the county where probate proceedings were commenced.

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