February 14, 2018
How Long Does It Take to Probate an Estate in Michigan?
The time it takes to complete all requirements under the Michigan probate code to successfully administer a probate estate differs for each estate. A variety of factors can impact the length of a probate case. In many cases, a simple probate estate can be closed much quicker than a high-value or complex probate case. However, even simple probate estates can have delays that lengthen the time it takes to close the estate.
Factors that Impact the Length of Time a Probate Estate is Open
Several factors can impact the time a probate estate remains open. Some of those factors include:
- Completing Forms — Probating an estate requires the executor to complete various forms for the probate court. Some of the probate forms are quite lengthy and may require assistance from a Brighton estate attorney.
- Securing Assets — In a large estate, it can be difficult to locate and secure all assets. However, that is one of the jobs of an executor. Unless the decedent kept detailed records, it could be difficult for an executor to locate and secure all assets. In some cases, the executor may not have spoken with the decedent for some time. Therefore, the executor does not know the person very well. This could make it more difficult, and time-consuming, for the executor to complete a comprehensive inventory.
- Appraisals of Property — As part of his duties, the executor must complete and file an inventory of property with the probate court. If the estate includes items of great value or items difficult to value, the executor might need to hire an appraiser. Hiring an appraiser can slow down the probate process. Examples of property that might require a professional appraiser include antiques, collections, real estate, antique cars, and business interests.
- Deadlines — Some deadlines are set by Michigan’s probate laws. These deadlines cannot be changed and apply in each estate. Missing deadlines can also increase the amount of time it takes to close an estate.
- Liquidating a Business — When a trust or business is involved in an estate, the executor might need assistance from various professionals when closing the business and liquidating the assets. Selling a business interest can take longer than heirs may realize. Hiring an estate attorney to help deal with various issues, including family conflict, can be very helpful.
- Trusts — In some case, an individual may have a trust or trusts that end upon death. The assets must then be transferred to heirs or the estate. If the executor is named the successor trustee, he or she must also deal with this responsibility.
- Filing Tax Returns — In some cases, the executor must file a final tax return for the decedent and an estate tax return. The returns can take time to prepare and file, which can add to the length of the probate estate.
- Court Schedule — The court’s schedule can also impact the timeline for a probate estate. If the court has a large number of cases to hear, the estate could remain open longer until all hearings and other court matters are settled.
- Family Conflicts — Feuding heirs that contest the will or the distribution of assets can cause a considerable delay in the closing date for an estate. Before any assets can be distributed or the estate can be closed, all objections must be resolved. In highly-contested cases, it could take more than a year to resolve the disputes.
- Transferring Title — In the case of real estate, motor vehicles, and other assets that have a title, transferring these assets can take longer than handing out checks or other non-titled property. For real estate and other assets, the executor may want to consult with a probate lawyer for help in ensuring all assets are transferred properly to allow the heir to process
Some of the factors that impact the length of time it takes to close a probate estate are not within the executor’s control. However, many of the above factors are within the executor’s control or are influenced by the executor’s actions. If an executor is unsure of what actions need to be taken to keep the estate process moving promptly, the entire process can come to a halt. Hiring a Brighton estate attorney can help ensure that an estate proceeds as quickly as possible toward a conclusion.
The Elder Care Firm of Christopher J. Berry, CELA
In addition to assisting executors to complete their duties and responsibilities to close an estate, our Michigan estate planning lawyers also help individuals develop an estate plan. A comprehensive estate plan includes a will, but it also includes other estate documents such as powers of attorney, health care directives, and trusts. The goal is to provide for the person in case of incapacitation while also protecting the person’s assets to provide for his or her family members after death.
For more information or to schedule an appointment with a Michigan estate planning attorney, contact our office by completing the contact form on our website or calling 888-390-4360.