Probate is a judicial process by which assets are distributed to a deceased person's heirs and beneficiaries. Probate proceedings are necessary only when a person dies with assets titled solely in his or her name (i.e., without a trust, joint owner, or designated beneficiary). In that case, probate is the only method to transfer such assets to the person's beneficiaries.

If a deceased person has a will, they are said to have died "testate". Conversely, if a person dies without a will, they are referred to as being "intestate". The last will and testament of a person who dies testate must be admitted to probate before it can used to administer his or her estate. On the other hand, the estate of a person who dies intestate is distributed in accordance with Michigan law. Therefore, the purpose of probate is to determine whether a person died testate or intestate, to admit the person's will if necessary, to determine the person's heirs and beneficiaries, and to appoint a personal representative to administer the estate.

A personal representative's duties are prescribed by the last will of the deceased person and the Michigan Estates and Protected Individuals Code (EPIC). Specifically, the personal representative must file documents to be appointed by a probate court, send notices to the beneficiaries, notify creditors, inventory probate assets, manage assets according to the instructions in the decedent's will, pay taxes, pay claims, and account for all distributions and expenses.

The probate process takes at least five months to complete. However, four months of that time are allowed for creditors to make claims against the estate. In many cases, a portion of the assets are distributed to the beneficiaries while the probate proceedings are still pending.  

The cost of probate consists of the following fees:

• Filing fee.   A filing fee of $175 is paid to the probate court at the start of the proceedings. 

• Certified Letters of Authority.  The probate court charges $12 for each certified copy of the letters of authority that are requested.

• Publication fee.  The publication fee is about $100, which is paid to a local newspaper to publish notice of the probate proceedings.

• Inventory fee.   The inventory fee is set by Michigan law, and it is based on the value of property being handled in the probate proceeding. The inventory fee is paid to the probate court after the inventory is filed. You may estimate the inventory fee for any estate here:  inventory fee calculator.

• Attorney fees.   Most attorneys charge a hourly rate for probate services. Fees will vary depending on the complexity of the estate and whether the proceedings are contested by the beneficiaries. Our retainer for probate administration is $3,000 to $5,000, depending on the complexity of the case.

• Total cost for probate.  Add the filing fee, certified letter of authority fee, publication fee, inventory fee, and attorney fee to estimate the total cost of probate. 

Please select the link below to be directed our estate administration worksheet. The worksheet includes all of the information that we need to assist you. 

Estate Administration Worksheet

We will guide you through the legal requirements to administer a deceased person's estate. Please select the link below to schedule a consultation to discuss our services.

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