Boyne City, MI asked in Probate for Michigan

Q: How long do you have,in Michigan, to petition the probate court, after a death?

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Howell, MI
  • Licensed in Michigan

A: You should begin 'as soon as possible' but if you don't act within a reasonable amount of time, the creditors may file instead, but the FIRST question you must consider is whether or not a probate petition is even necessary.

There is no 'one size fits all' estate plan, and there is similarly no 'one size fits all' process for handling the probate estate, or even whether or not a probate estate is necessary to pass property on after someone dies.

I'd urge you to consult with a local probate attorney to determine what if anything needs to be done, no matter HOW long it has been since someone has passed.

-- 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

Anthony M. Avery agrees with this answer

Trent Harris
Trent Harris
Answered
  • Probate Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: You can open probate anytime there are assets that need to be administered or another reason exists why a personal representative should be appointed. There is no deadline. Some probate estates are not opened until decades after the person passes away, for example to clear up title to real estate.

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