Michigan Probate Attorneys

Get the Probate Help You Need from our Experienced Attorneys

Having to endure the passing of a loved one can be extremely difficult. But having to deal with legal disputes and challenges at the same time can make these difficult moments feel overwhelming.

If you are responsible for administering an estate, involved in a will contest, or concerned about the probate process in Michigan, don’t navigate it alone.

The attorneys at Heath & Kolomjec are ready to use their 60+ years of combined experience to handle any probate matters you need help with. Let us provide the insights you’re looking for into this complex field of law.

Understanding Probate in Michigan

When a person passes away, the assets that only they owned will likely go through a legal process called probate.

In Michigan, probate involves having the court oversee and ensure that a deceased person’s assets are properly distributed, their remaining assets are transferred to their heirs, and their final wishes in their will are carried out.

Additionally, Michigan probate may involve paying outstanding debts and taxes of the deceased before their assets are distributed to beneficiaries.

These outstanding debts can include paying off medical bills and credit card balances, as well as any outstanding taxes, such as federal estate taxes if their estate value exceeds the federal exemption amount.

This court-supervised process of settling a deceased person’s estate primarily revolves around an executor, also known as a personal representative. The executor is responsible for identifying assets, paying debts, and distributing property to heirs or beneficiaries according to the deceased person’s will.

If no will exists, Michigan intestate succession laws will distribute the deceased person’s estate.

Which Estates Go Through Probate?

While probate is a common step taken to settle many people’s estates, not every estate goes through formal probate in Michigan.

Rather, there are exceptions and methods to avoid probate. These include:

Having jointly-owned property

In Michigan, property or assets that are owned jointly with a right of survivorship (like a bank account or real estate) automatically pass to the surviving owner without going through probate.

Assets with named beneficiaries

Assets like life insurance, retirement accounts, and payable-on-death bank accounts can pass directly to a named beneficiary without probate.

Assets held in a trust

A person’s assets that are held in a trust typically don’t need probate, since they are administered according to the trust’s terms.
However, some assets held in a trust may see probate. For example, beneficiaries of a trust may accuse a trustee of misconduct and file a trust action. This would result in the trust being brought to probate court.

Small estates

Michigan offers simplified procedures for smaller estates, which are estates that are $51,000 or less (as of 2025), along with those consisting entirely of exempt property.
As long as there are no disputes and a valid will exists, small estates do not have to involve probate court.

If you need help understanding or navigating probate, let our attorneys help. Heath & Kolomjec are ready to handle any Michigan probate matters and provide the legal guidance you need.

Probate Administration

Having a person’s wishes honored while minimizing legal complications after their passing requires efficient and accurate probate administration.

With decades of experience handling probate administration, Heath & Kolomjec’s attorneys can help you to know what to expect.

Below are some of the most common tasks required to effectively manage the probate process:

• Filing the initial petition with the probate court to open the estate
• Notifying heirs and beneficiaries of the probate proceedings
• Inventorying and appraising assets, including real estate, bank accounts, personal property, and investments
• Managing the estate’s finances, including collecting income and managing expenses
• Paying outstanding debts and taxes, including final income taxes and any applicable estate taxes
• Distributing remaining assets in accordance with the will of the deceased or Michigan law
• Closing the estate by filing the appropriate documents with the court

Our understanding of the duties and potential liabilities that executors face allows us to ensure all legal responsibilities are fulfilled accurately and efficiently, protecting clients like you from costly mistakes.

Creditor Claims Resolution

One of the key responsibilities of the executor is to identify and settle valid debts owed by the estate.

Michigan law requires that creditors be notified of the deceased person’s death and given an opportunity to file claims within a specified period, typically four months from the date of notice.

The probate process includes the following steps related to creditor claims:

1. Notice to creditors – The first step is to publish a notice to creditors in a public place, typically in a local newspaper. This includes publishing the deceased’s name, date of death, and the executor’s contact information.
2. Reviewing and validating claims – Creditors have a specific timeframe to present their claims to the executor or the probate court. This is generally four months from the date of publication.
3. Paying legitimate debts – If a claim is found to be valid, it is to be paid in accordance with statutory priorities using the estate’s assets.
4. Settlement and closing – Before distributing remaining assets, debts must first be paid, along with any disputing or denying invalid claims when necessary.
   Once all debts are settled, the executor files a Petition for Complete Estate Settlement after the deadline for presenting claims has passed.

Failure to properly manage creditor claims may result in personal liability for the executor or may leave the estate vulnerable to legal action.

Our probate attorneys provide the meticulous guidance needed to legally handle this process while ensuring that all financial obligations are settled.

Probate Litigation

While many probate cases proceed without conflict, some involve disputes that can quickly escalate into litigation.

These litigation scenarios typically arise when there are disagreements over the validity of a will, allegations of undue influence, disputes over asset distribution, or conflicts among heirs.

Heath & Kolomjec has represented countless clients in all types of probate-related litigation.

Common probate litigation scenarios includes:

• Breach of fiduciary duty – Claims against an executor who fails to act in the best interest of the estate
• Undue influence or fraud – Allegations that a will or trust was created under coercion or manipulation
• Will or trust interpretation – Disputes over ambiguous language or conflicting documents
• Claims of omitted heirs or beneficiaries – Individuals who believe they were wrongfully excluded from the estate

Whether you require negotiation or courtroom advocacy, Heath & Kolomjec works diligently with probate litigation cases to protect your interests and achieve fair outcomes.

Will Contests and Disputes

Even though a will is intended to clearly outline a person’s final wishes regarding the distribution of their assets, certain circumstances allow for wills to be challenged in probate court.

In Michigan, a will contest may be filed by an interested party who believes the document is invalid due to:

• Lack of testamentary capacity – The deceased did not understand the nature of their estate or the consequences of their decisions at the time the will was created.
• Undue influence – The testator (the person who wrote the will) was coerced or manipulated into changing their will in favor of someone else.
• Fraud or forgery – The will was created or altered fraudulently.
• Improper execution – The will was not properly signed or witnessed in accordance with Michigan law.

It’s important to note that this is not an exhaustive list, and there may be other reasons to contest a will. But no matter the reason, successfully contesting or defending a will requires strong legal arguments, substantial evidence, and a strategic approach.

Whether you are challenging a will or defending one, the attorneys at Heath & Kolomjec are prepared to provide the experienced legal representation you need.

Get Help Handling Any Probate Problems You’re Facing

While probate is designed to protect the rights of all parties involved, it can quickly become overwhelming without proper legal guidance.

Whether you are an executor, beneficiary, or someone facing a dispute, the accomplished attorneys at Heath & Kolomjec are here to help you navigate each stage of the process with confidence.