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Probate, the legal process that must often be followed when a person dies, is the process through which the Probate Court distributes a deceased person’s assets to his beneficiaries. It can be a relatively straightforward process that may take months or, in the extreme case, perhaps years, to complete. In this blog post, we will discuss how long probate takes, and how an attorney can help.
The length of probate can vary depending on several factors. The size of the estate and the complexity of the deceased person's affairs are two significant factors. Larger estates with more assets and beneficiaries may take longer to distribute than smaller ones, though even “simple” estates may not end up being so. Additionally, if there are disputes or disagreements among beneficiaries, the process can be delayed further. In general, probate in Michigan can take anywhere from five months to two years.
If things are simple, for example, if the only assets are a house, and, say, a bank account, probate of the estate may take only a few months. But if assets cannot readily be located or easily appraised, or if the deceased had substantial debts or complicated assets, the process can be extended. Another reason why probate can take additional time is the need to pay off the deceased’s outstanding debts or taxes. This includes funeral expenses, medical bills, credit cards, and other outstanding debts. It may also include taxes owed to federal, state, or local government.
Because probate can be a complicated process, it is often beneficial to seek help from an attorney. At The Law Offices of Stuart J. Snider, we can assist individuals in need of assistance with probate matters. An experienced attorney can help ensure that all the necessary documents are prepared, filed correctly, and on time. He can also help distribute assets properly among beneficiaries, whether via the deceased’s Last Will. or under Michigan intestate (meaning, where there is no Will). Additionally, an attorney can help resolve any disputes that may arise during the probate process.
Please note that there arealternatives to probate that may be worth considering. One such alternative is to set up a living trust. A living trust is a legal document that allows you to transfer the ownership of your assets to a trust while you are still alive So that when you die, your assets are not subject to probate and can often be distributed to your beneficiaries much more quickly and efficiently without Probate Court involvement. Another alternative to probate is joint ownership of assets. If you jointly own an asset with someone else, upon your death it will automatically pass to the other person, bypassing probate altogether.
In conclusion, probate can be a complicated process, and it is not uncommon for it to take up to several years to complete, though, generally, it does not take that long. With, however, the help of an experienced attorney, the process can be made much smoother, easier, and less stressful. At The Law Offices of Stuart J. Snider, we have extensive experience helping our clients with probate matters. If you need assistance with the probate process, please do not hesitate to contact us today. We are here to help you navigate the probate process and ensure that your loved one's assets are distributed correctly and in accordance with the Will (if there is one), or under Michigan law if there is not.
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