Walled Lake, MI asked in Probate for Michigan

Q: I did filed my own probate paperwork for my fathers estate. I closed the estate before I deeded the house back to me.

I am the sole heir and have a will. I am trying to refinance the property and having a hard time. Do I have to reopen probate and record the deed?

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: The 'hard time' is not surprising since you don't own the house you're trying to 'refinance'. Yes, you need to reopen the probate in order to have authority to record a deed from the estate to the heirs.

Whether or not YOU have a will is not relevant, and this all leads me to an ultimate conclusion: please consider hiring a local probate attorney to insure you do EVERYTHING you need to before closing the estate again, as while you can reopen it a second time, it keeps getting more expensive the more often you have to 'try again' to finish.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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