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What is Probate?

 The process for identifying and distributing the property of a person who has died (the Decedent) is called Probate. It begins with the filing of a Petition in the County Probate Court where the Decedent lived ( or owned property in Michigan, if they lived outside the State). If the Decedent left a Will, it is attached to the Petition, which requests that the Court appoint someone to serve as the Personal Representative of the Decedent's Estate. 


The Personal Representative is required to give notice of their appointment to persons with an interest in the Estate and publish a notice to creditors. An inventory listing the property of the Decedent must be prepared by the Personal Representative within 60 days after their appointment. All creditors must file their claims within 120 days after the notice to creditors is published. 


The Personal Representative must approve and pay or deny each claim, determine to whom property or money should be given, based on the direction in the Will and State law. If there is no Will, all property is distributed as directed by State law. There are many additional details involved in Probate that are not included in the simple outline above. Disputes over the administration of an estate can result in litigation. Anyone seeking to Probate an Estate should consult an attorney to obtain proper direction. 

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