If you’re looking for a probate attorney in Michigan, you’re likely dealing with the recent loss of a loved one or trying to plan ahead. Probate and estate matters can be overwhelming, especially without professional guidance. This FAQ guide answers the most common questions we receive as trusted probate attorneys serving Macomb, Wayne, and Oakland Counties.
What is probate and why does it matter?
Probate is the legal process of settling a deceased person’s estate. A probate attorney helps ensure the will is validated, debts are paid, and assets are distributed properly. Learn more about Michigan’s probate process on Michigan Legal Help.
Do all estates go through probate in Michigan?
No. Many estates avoid probate through tools like living trusts, Lady Bird deeds, and designated beneficiaries. An experienced probate attorney can assess whether your estate qualifies for simplified proceedings.
How long does the probate process take?
Typically, probate in Michigan lasts 6 to 12 months. Factors like contested wills or asset complexity can extend this. Working with a local probate attorney helps streamline the timeline.
What kinds of assets skip probate?
Common examples include:
Jointly owned property
Retirement accounts with beneficiaries
Life insurance proceeds
Assets held in a revocable trust
Find out more from Investopedia.
Is a will enough to avoid probate?
No. A will still must go through probate. To truly avoid court, a probate attorney can help you use tools like trusts and deeds tailored to Michigan law.
Do I need a probate attorney if there’s a small estate?
Even small estates (less than $50,000) can benefit from legal guidance, especially if there are creditors, unclear heirs, confusing probate forms, or real estate are involved. We offer affordable fixed-fee probate services for Michigan residents.
What does a personal representative do?
They’re legally responsible for managing the estate. Duties include collecting assets, paying debts, filing tax returns, and distributing property. A probate attorney ensures they follow court requirements.
How much does probate cost?
Probate costs vary. Typical fees include:
Court filing fees
Legal representation
Publication costs
Bond fees (if required)
A well-prepared plan can minimize these expenses.
What happens if there is no will?
When someone dies without a will, the state’s intestacy laws determine who inherits. A probate attorney helps surviving family navigate this process.
Can probate be avoided entirely?
Yes—through proactive planning. Trusts, beneficiary designations, and Lady Bird deeds are among the tools that allow assets to pass without court involvement.
✅ Need a Michigan Probate Attorney?
If you’re dealing with probate or want to prevent it, working with an experienced probate attorney makes all the difference. At John R. Tatone & Associates, we help families in Southeastern Michigan gain peace of mind through strategic estate planning and probate guidance. Contact us today to schedule your consultation.
Be the hero to your family and let us take the burden off your shoulders.