Education logo

What Is Small Estate Probate And Why Should You Care?

Whether you are an executor or are being asked to be an executor, knowing how to handle small estate probate properly can be crucial to you and your loved ones as well as your bottom line.

By Clea SmithPublished about a year ago 3 min read
Like

You’ve heard the term probate thrown around, but what exactly does it mean?

If you’re confused about the meaning and importance of small estate probate, we can clear up your confusion in this guide.

Whether you are an executor or are being asked to be an executor, knowing how to handle small estate probate properly can be crucial to you and your loved ones as well as your bottom line.

Let’s take a look at what small estate probate is and why it matters to you.

What Is Small Estate?

When a person dies, their assets must go through the process of probate before they can be distributed to the beneficiaries.

Small estate probate is a streamlined version of this process that is available when the deceased person’s assets are valued at less than a certain amount.

This process is generally quicker and simpler than regular probate, and can often be done without the help of an attorney.

Introduction To Small Estate Probate

If you die without a will or other estate planning documents in place, your assets will go through the probate process.

Small estate probate is a simplified version of this process that’s available in some states for estates valued at less than a certain amount.

While it’s not right for everyone, it can be a good option if you want to avoid the time and expense of traditional probate.

For example, there are no formal court proceedings or attorney fees with small estate probate; instead, most people handle these matters themselves.

If you’re interested in exploring this option as an alternative to traditional probate, consider contacting an attorney near you for more information.

How To File Small Estate Probate In Michigan

The process of probating a small estate in Michigan is relatively simple and straightforward.

The first step is to file a petition with the probate court in the county where the decedent resided at the time of their death.

Once the petition is filed, the court will issue an order appointing a personal representative to oversee the administration of the estate.

At this point, the estate’s assets must be collected and documented so that they can be transferred to heirs or beneficiaries.

Some of these assets may include property (real or personal), stocks or bonds, life insurance policies, annuities, bank accounts, and retirement funds.

A list of all assets must be submitted to the court within 60 days after appointment as a fiduciary (personal representative).

How To Avoid Probate When Someone Dies?

No one likes to think about what will happen after they die, but it’s important to have a plan in place in case the worst happens.

One way to avoid leaving your loved ones with a headache is to set up a small estate probate.

This allows your assets to be distributed without going through the traditional probate process, which can be costly and time-consuming.

If this sounds like something that might work for you, talk to an attorney who specializes in these matters.

They’ll help walk you through the steps and make sure everything goes smoothly when it comes time for them to handle all of your affairs.

With many other types of estates, like living trusts or joint property agreements, there are still things you’ll need to take care of yourself.

With a small estate probate, however, there are no more worries on your end.

Your lawyer will take care of everything so you don’t have to worry about dealing with the legalities when the time comes.

About The Author

Smith Clea is a USA-based author on Legal issues related to estate planning, will & trust, business law, and elder law. Smith Clea does her best writing on these topics that help users to find the best solutions to their FAQ on estate planning, probate, living will and trust, and more about legal family issues. The author can be reached at https://rochesterlawcenter.com

how to
Like

About the Creator

Reader insights

Be the first to share your insights about this piece.

How does it work?

Add your insights

Comments

There are no comments for this story

Be the first to respond and start the conversation.

Sign in to comment

    Find us on social media

    Miscellaneous links

    • Explore
    • Contact
    • Privacy Policy
    • Terms of Use
    • Support

    © 2024 Creatd, Inc. All Rights Reserved.