Understanding Michigan’s Small Estate Probate Options

When a loved one passes away, the idea of navigating probate court can feel overwhelming. Luckily, Michigan law provides simplified probate procedures for small estates, which can save time, money, and stress for grieving families.

What Qualifies as a Small Estate?

Michigan allows certain estates with limited assets to bypass traditional probate. Depending on the type of property, heirs may be able to use simplified transfers with little or no court involvement.

 

Transfer by Affidavit

If an estate consists entirely of personal property, a successor can complete a Transfer by Affidavit to claim assets. This streamlined process avoids probate court and helps heirs access property more quickly.

 

Transfer of Wages and Benefits

Employers may also release unpaid wages or fringe benefits to a decedent’s heirs without probate court involvement—so long as there are no other assets requiring formal administration.

 

Learn more about navigating Michigan’s simplified probate process for small estates here.

 

Get Started Today: Schedule Your Consultation

 

Working with our estate planning attorneys in Ann Arbor can help you determine if these simplified options apply to your loved one’s estate. If you’re interested in learning more about estate planning, please contact us at 734-665-4441.

Out-of-State Witnesses in Civil Litigation: What You Need to Know

When it comes to civil litigation in Washtenaw County, witness testimony can make or break your case. However, securing  that testimony isn’t always easy—especially when witnesses live outside of Michigan. In civil cases, you generally cannot compel an out-of-state witness to appear and testify at trial unless they agree to do so voluntarily.

Michigan law allows local witnesses to be subpoenaed, but those who reside more than 100 miles away or live outside the United States are considered “unavailable witnesses.” In those situations, their deposition testimony can be used at trial instead. That means careful planning during discovery is essential to preserve important testimony before trial.

 

Learn more about compelling the testimony of an out-of state witness at trial here.

 

Don’t Face Civil Litigation Alone—We Can Help You

If you’re involved in civil litigation in Washtenaw County and need help navigating witness testimony or discovery procedures, contact Pear Sperling Eggan & Daniels, P.C. Our experienced attorneys can help you prepare your case and protect your interests from start to finish.

How to Avoid Probate Disputes Over Personal Representative Appointments

Probate disputes often begin with a disagreement over who should serve as the personal representative. If the wrong person is appointed, it can lead to delays, family tension, and even litigation.

You can reduce the risk of conflict with proper estate planning. Michigan residents can avoid future objections by:

• Naming a qualified, trustworthy personal representative
• Choosing alternates in case your first choice is unavailable
• Discussing your decisions with loved ones in advance
• Including a “no contest” clause where appropriate

 

Learn more about who can object to a personal representative here.

 

An experienced estate planning attorney in Ann Arbor can draft a legally sound will and guide you in making choices that are less likely to be challenged in court.

 

🛡️ Want to protect your estate from future disputes? Contact Pear Sperling Eggan & Daniels, P.C. to schedule your consultation today.

Who Can Legally Object to a Personal Representative in Michigan Probate?

When someone files to be appointed as a personal representative of an estate in Michigan, not everyone agrees with the choice. Fortunately, Michigan law gives “interested persons” the right to object. But who qualifies—and on what grounds?

Interested persons include heirs, beneficiaries, creditors, and others with a stake in the estate. They may object if the proposed representative is unqualified, biased, or improperly nominated. Common reasons for objection include felony convictions, conflicts of interest, or allegations of misconduct.

 

Learn more about who can object to a personal representative here.

 

If you’re considering objecting—or if someone is objecting to your appointment—don’t try to handle it alone. A knowledgeable estate planning attorney in Ann Arbor can help you 

navigate the legal process, protect your interests, and represent you in court if needed.

 

📞 Have questions about filing or defending an objection? Contact Pear Sperling Eggan & Daniels, P.C. today.

Who Has Priority to Be a Personal Representative in Michigan?

If someone dies with a will in Michigan, the court will usually appoint the personal representative named in the document. But what happens if there is no will—or if more than one person wants the role?

Michigan’s probate law outlines a hierarchy: surviving spouses and beneficiaries typically come next in line after the named executor. In some cases, creditors or even a public administrator may petition to be appointed if no one else steps forward. But whoever is appointed must meet certain qualifications, including being at least 18 years old, mentally competent, and free of any serious felony convictions.

 

To learn more about who gets to be a personal representative, read our full article on our website.

 

These decisions can be legally complex and emotionally sensitive. That’s why working with an experienced estate planning attorney in Ann Arbor is essential—especially when there are competing claims or no will in place.

 

Have questions about becoming a personal representative or creating your estate plan? The attorneys at Pear Sperling Eggan & Daniels, P.C. are here to help.

 

Understanding the Role of a Personal Representative in Michigan Probate Cases

When someone passes away in Michigan, the personal representative (also known as an executor) becomes the point person for settling the estate. But what exactly does this role entail—and who gets to take it on?

A personal representative is responsible for managing the deceased’s estate: identifying and securing assets, paying debts, and distributing property to heirs or beneficiaries. This individual is appointed by the probate court, and Michigan law follows a clear order of priority for who gets the job—starting with the person named in the will, followed by the surviving spouse and other beneficiaries.

 

To learn more about who gets to be a personal representative, read our full article on our website.

 

Whether you’re preparing your estate plan or navigating the probate process after a loved one’s death, an experienced estate planning attorney in Ann Arbor can help guide you through the legal steps, minimize family conflict, and ensure the estate is properly administered.

 

Need guidance with Michigan probate? Contact the trusted attorneys at Pear Sperling Eggan & Daniels, P.C.

Probate Court Approval: A Key Step in Wrongful Death Settlements

After a wrongful death settlement is reached—whether through litigation or negotiation—there’s one final and critical step: probate court approval.

In Michigan, any wrongful death recovery must go through the decedent’s probate estate. This means the appointed personal representative must file a petition with the court asking for approval of the settlement terms. That petition must include details such as:

• Who is entitled to compensation
• Their relationship to the deceased
• Expenses related to medical care, burial, or funeral arrangements
• Attorney fees associated with the claim

The court will notify all interested parties and allow time for objections. If none are filed and the petition meets all legal standards, the court will approve the settlement and allow the personal representative to distribute the funds.

Learn more on how to navigate wrongful death claims here.

The process can be daunting, especially in a time of grief. Let the Ann Arbor probate litigation lawyers at Pear Sperling Eggan & Daniels, P.C. guide you through the process with skill, compassion, and respect for your family’s loss.