Small Asset Probate

In certain cases where a relatively small estate is left by the decedent, the process may be expedited by avoiding probate. The will is filed by the courts but is not admitted to probate. Instead of appointing a Personal Representative to administer the estate, a court order is issued assigning assets.

According to Michigan probate law, the total value of the estate, after payment of funeral and burial costs, must be equal to or less than $18,000 in order to avoid probate with a small estate.

Probating a Small Estate

There are certain forms which are necessary for filing to probate a small estate;

Petition and Order for Assignment
Death Certificate (Copy)
Receipt for Funeral/Burial Expenses
Original Will
$25 Filing Fee
$12 Certified Copy Fee
Inventory Fee (based on value of the estate)

In estimating the value of an estate, a description and value of all property within the decedent’s estate must be given. This pertains to the gross value of the estate, and does not include assets or liabilities such as:

Liens
Encumbrances
Mortgages

In most cases, property of the estate includes items to be appraised in order to determine the value, and certain specifications must be met in order to satisfy all requirements to account for funeral and burial expenses.

For more information and help in determining whether or not you can qualify for small asset probate, contact our experienced estate attorneys online or call today at (734) 397-4540 for a free professional legal consultation.