When a loved one passes away, families are often faced with more than just emotional loss — they also have to handle the legal and financial details that come with settling the estate. At John R. Tatone & Associates, we hear the same few Michigan probate questions time and again from clients who are new to the probate process.
If you’ve found yourself wondering what probate really means or how to avoid it in the future, you’re not alone. Below, we answer the five most common Michigan probate questions — in plain English.
1. Do I Have to Go Through Probate in Michigan?
This is the number one question we receive. Probate is the legal process for transferring someone’s assets after they pass away. Whether probate is required depends on how the person’s assets were titled.
If your loved one owned property or accounts solely in their name without a joint owner or beneficiary designation, probate is likely necessary. However, assets held in a revocable living trust, through Lady Bird deeds or trusts, or with designated beneficiaries (like life insurance or retirement accounts) can typically avoid probate altogether.
At John R. Tatone & Associates, we help clients both navigate probate efficiently and plan ahead to avoid it for their own estates in the future.
2. How Long Does the Michigan Probate Process Take?
One of the most common Michigan probate questions we receive is about timing. The time frame varies depending on the size and complexity of the estate.
A simple, uncontested probate case usually takes 6 to 12 months from start to finish. More complex estates — for example, those involving property sales, tax issues, or family disputes — can take longer.
The good news? With proper guidance and timely filings, most estates move through probate smoothly. Our office manages every step, from filing the Application for Informal Probate to distributing the final assets, keeping families informed and on track the entire way.
3. What Are the Duties of a Personal Representative in Michigan Probate?
If you’ve been named as personal representative (also called an executor), you’re responsible for carrying out the decedent’s final affairs. This includes:
Gathering and securing assets
Paying valid debts and taxes
Keeping accurate records
Filing required court forms
Distributing remaining assets to heirs
The number of forms and required notices can be overwhelming. The wrong wording or missing form can cause delays, and the court rarely provides guidance to fix it. You may find yourself Googling answers while trying to manage another person’s estate and your own life.
It’s a lot to handle — but you don’t have to do it alone.
Our team walks personal representatives through every step so nothing gets missed and you stay compliant with court rules. We even developed a Probate Checklist for Michigan Personal Representatives to help you stay organized and see what comes next.
4. What Does Probate Cost in Michigan?
Probate expenses depend on the complexity of the estate, but generally include:
Court filing fees (usually a few hundred dollars)
Publication costs for legal notices
Court inventory fees (generally less than 1% of the estate value)
Attorney fees
At John R. Tatone & Associates, we believe in transparency and peace of mind. That’s why we start with a retainer fee and apply our out-of-pocket and hourly rates for most probate matters. We provide an estimate upfront so there are fewer surprises.
We also help you get reimbursed quickly for estate-related expenses such as funeral costs and retainers. After all, these are the estate’s expenses — not yours. You’ll know what to expect and receive professional guidance from start to finish.
5. What Happens if There’s No Will?
If someone dies without a will, their estate is handled according to Michigan’s intestate succession laws. That means the court determines who inherits based on family relationships — typically the surviving spouse and children first, then more distant relatives if necessary.
The court will also appoint a personal representative to handle the estate. Even without a will, the process can be completed smoothly with experienced legal help. Our firm ensures that your loved one’s estate is handled with care, accuracy, and efficiency.
Final Thoughts: You Don’t Have to Navigate Probate Alone
Probate can seem complicated and overwhelming, especially when emotions are already running high. But with the right support, it doesn’t have to be stressful. Whether you need help opening an estate, understanding your role as a personal representative, or creating a plan to avoid probate altogether, our team is here to help.
If you still have Michigan probate questions, our attorneys can guide you through every stage of the process. We’ve helped hundreds of Michigan families protect their legacies and close estates efficiently — with compassion, clear communication, and reliable fixed-fee service.
How to Get Started
At John R. Tatone & Associates, we help Michigan families create estate plans that avoid probate, preserve family wealth, provide a fair distribution, reduce tax burdens, and bring peace of mind. With over 28 years of experience in estate planning and probate law, we understand the unique needs of blended families, business owners, and professionals across Macomb, Wayne, and Oakland counties.
📞 Call (586) 580-8850 or visit www.johntatone.com to schedule your free telephone consultation today.