Q: Hi, what is the first step in filing a personal representative in probate court?
A:
The FIRST step is to determine if Probate is even necessary.
IF the deceased person had no assets in his or her name ALONE and there was no beneficiary named on assets that can be so titled (Bank accounts, insurances etc.) THEN probate may be needed.
The NEXT step would be to determine what sort of Probate is needed. If the estate is small enough, there may not be a need for 'full' probate and a PR need not be appointed.
The BEST advice I can give is to consult with a local probate attorney to review all the facts and the property at issue and determine if probate is needed and what sort. THEN you can get into the details of what to do and how to do it. Again, hiring an attorney familiar with the process will save you much headache in the long run. Please consider that!
-- 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
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