OPENING AN ESTATE
The most common reason to invoke the jurisdiction of the Probate Court is to open an estate for a loved one. The Probate Court has jurisdiction over property owned by a deceased individual whether there is a Will or not. After a loved one dies, the first step in the probate process is file documents at the Probate Court in the county where the loved one resided at the time of his or her death. Upon the filing of the proper probate documents, the Probate Court will open the estate and appoint a Personal Representative. In Michigan, the executor is referred to as the Personal Representative.
The Personal Representative has the authority to take possession of assets and property belonging to the deceased individual at the time of death. The Personal Representative is required to file an Inventory describing the assets and property in the estate and provide notice to heirs, beneficiaries and other interested parties. The Personal Representative must always act as a fiduciary, ensuring that no estate property is wasted or dissipated improperly and ensure that the interests of the estate’s creditors and beneficiaries are always protected.
The Personal Representative has the both the authority and responsibility of paying the valid claims and debts of the estate, making distributions to beneficiaries of the estate, filing tax returns, and proceeding towards the orderly closing of the estate.
To contact an attorney for assistance in opening an estate in Michigan for a loved one, click here.
PETITIONING FOR GUARDIANSHIP OR CONSERVATORSHIP
Guardians and conservators are similar but have different roles. A guardian is responsible for making medical and placement decisions for someone in need; a conservator is responsible for making financial decisions for an individual. Michigan law gives the Probate Courts jurisdiction over the appointment of a guardian and conservator for a minor, an incapacitated individual or an individual with a developmental disability. An incapacitated individual is someone who is unable to make decisions regarding their medical care, treatment, or living arrangements due to mental illness, physical disability, chronic drug use, or other reason. If a loved one is in need of a guardian or conservator, our team can help.
In some cases, an emergency exists and the entire process can be handled in one day. Most other cases start with the filing of a Petition for Guardianship or Conservatorship at the appropriate county Probate Court. After the appropriate documents are filed, a hearing is set a few weeks in advance. The party petitioning for appointment as guardian or conservator is required to provide notice to specific interested parties and attend the hearing. Prior to the hearing, the Probate Court appoints an individual known as a Guardian ad Litem to meet with the individual and report back to the Court.
At the hearing, the Court will take testimony to determine whether the appointment is appropriate under the circumstances. If the Petition for Guardianship or Conservatorship is granted, the guardian will receive Letters of Authority providing him or her with the authority to act on behalf of the loved one. Guardians and Conservators are required to report back to the Probate Court at least once a year and provide an accounting of income and expenses of the estate. These rules and procedures can seem daunting but with the help of a Kirk Huth attorney you and your loved one will be covered.
To contact an attorney for assistance in starting a guardianship or conservatorship in Michigan for a loved one, click here.