Many people assume that having a will means avoiding probate altogether. Unfortunately, that’s not always the case. A will is an important part of estate planning, but it doesn’t automatically bypass the probate process. Whether probate is required depends on several factors, including how the assets were titled and what type of property the estate holds. Our Southfield, MI probate lawyer can review your situation and help you figure out what steps, if any, are required.
What Is Probate?
Probate is the legal process for settling a person’s estate after they pass away. It gives someone the legal authority (usually named in the will as the personal representative or executor) to collect assets, pay debts, and distribute property according to the will’s instructions.
Even if the deceased left a valid will, probate is often required in Michigan to make the will legally recognized and enforceable. Without court involvement, financial institutions, title companies, and government agencies may not allow the transfer of assets.
When Probate Is Required
If the deceased owned assets solely in their name, such as a house, bank account, or vehicle, probate is usually required to transfer those assets to the heirs named in the will. This includes property that doesn’t have a joint owner or a named beneficiary.
Real estate is one of the most common reasons an estate goes through probate. If the home was only in the deceased person’s name and not part of a trust or jointly owned, it cannot be sold or transferred until probate is complete. The same applies to personal property with titles or legal ownership records.
When Probate Might Not Be Necessary
Some estates can avoid probate, even if there’s a will, depending on how the assets were set up. For example:
- Jointly owned property automatically passes to the surviving owner.
- Assets with named beneficiaries, like life insurance or retirement accounts, go directly to the listed person.
- Transfer-on-death (TOD) or payable-on-death (POD) accounts can also pass outside of probate.
- Small estates under a certain dollar amount may qualify for a simplified probate process or avoid probate entirely under Michigan law.
In these cases, the will still matters—but the probate court may not need to get involved.
Why Estate Planning Is Important
Even if some assets can pass outside of probate, a will provides important instructions for how the rest of the estate should be handled. It helps avoid confusion or conflict among family members, and it allows you to name the person you want in charge. Without a will, the estate is distributed according to Michigan’s intestate laws, which may not match your wishes.
A will also helps streamline the probate process if it’s required. The court generally gives priority to the person named as personal representative, and the clear instructions in a will can help avoid delays.
Getting Legal Guidance Can Help
Probate rules in Michigan can be confusing, especially when you’re trying to understand which assets are covered and whether a formal process is needed. Even with a valid will, taking the right approach with a qualified attorney can make the process smoother for everyone involved.
At Gudeman & Associates, P.C., we work with individuals and families across Michigan to manage probate efficiently and respectfully. If you’re dealing with a will and unsure whether probate is necessary, contact us today to discuss your next steps.
