Detroit, MI asked in Probate for Michigan

Q: Which probate petition form is required, to get court approval to convey real property?

There's no sale of property or interest from one heir to the other needed. Even if we decide to convey to only one heir, there's still not sale or request for payment from the other heir. So, we only see the petiton for approval to sell available for Michigan, which seems like the wrong one since there's no sale only conveying to one or both names.

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

A: ‘Convey’ and ‘sell’ are synonymous.

You ARE selling if the estate is conveying the property but the implications go WAY beyond that.

Trying to do this without legal representation is asking for problems down the road. Gave you considered tax issues? What about capital gains or gift taxes?

How about homestead exemption treatment or property tax ‘uncapping’?

Seek that local legal advice ASAP and BEFORE you make a mistake in this!

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