When Is Probate Required in Michigan?

Many families are surprised to learn that not every estate must go through probate. However, when a loved one passes away owning assets solely in their name, probate proceedings may become necessary to legally transfer those assets.

In Washtenaw County, probate is often required when the deceased owned real estate without joint ownership, maintained bank accounts without beneficiary designations, or left behind personal property that must be formally distributed. Probate may also be necessary when disputes arise among heirs or questions exist regarding the validity of a will.

The probate process typically begins with filing a petition in Washtenaw County Probate Court and requesting the appointment of a personal representative. Once appointed, the personal representative is responsible for gathering assets, notifying creditors, paying valid debts, and distributing remaining property to beneficiaries.

While some probate cases proceed smoothly, others can become complicated when disagreements occur among family members. Working with an experienced Estate Planning Attorney in Washtenaw County can help families navigate these issues and create estate plans designed to minimize future probate complications.

Contact Pear Sperling Eggan & Daniels, P.C.

If you’re seeking assistance from an experienced estate planning attorney in Washtenaw County, our legal team is prepared to help you create a plan for the future and guide your family through the probate process with confidence. Contact us today to schedule your initial consultation

Michigan Law Allows Notaries to Assist Individuals Who Cannot Sign Documents

Individuals with physical disabilities or mobility limitations may find it difficult or impossible to sign legal documents. Michigan law ensures that these individuals can still complete notarized transactions.

Under the Michigan Notary Public Act, a notary public may sign a document on behalf of a person who cannot physically sign due to a disability. The individual must instruct the notary to sign their name, and the notary must sign the document in the individual’s presence.

After signing, the notary must include the required statement:

“Signature affixed pursuant to Michigan Notary Public Act.”

This process helps ensure equal access to legal procedures, including estate documents, affidavits, and court filings.

Assisted signatures may be needed for documents such as probate affidavits, powers of attorney, settlement agreements, property transfers, and sworn statements used in litigation.

Learn more about having a document notarized if you have physical limitations in Michigan here.

Get Guidance from Probate Litigation Lawyers in Ann Arbor

Properly executed documents can play a key role in probate disputes. We represent clients in will contests, trust litigation, and estate administration conflicts.

If you need assistance protecting your rights or navigating a probate dispute, contact our probate litigation lawyers in Ann Arbor today to schedule a consultation.

Can Someone with Physical Limitations Have a Document Notarized in Michigan?

Many legal documents must be notarized to confirm authenticity and ensure signatures are voluntary. But what happens if you have a physical disability that prevents you from signing your own name?

Michigan law provides a solution. Under the Michigan Notary Public Act (MCL 55.293), a notary public may sign a document on behalf of a person who cannot physically execute their signature due to a disability or physical limitation.

To complete the process, the individual must direct the notary to sign their name, either verbally or through electronic communication if they cannot speak. The notary must sign the document in the individual’s presence and include the required notation:

“Signature affixed pursuant to Michigan Notary Public Act.”

This accommodation ensures individuals with physical limitations can still complete important legal matters such as estate documents, affidavits, and court filings. These situations often arise in probate disputes, where properly executed documents are critical.

Learn more about having a document notarized if you have physical limitations in Michigan here.

Speak with Probate Litigation Lawyers in Ann Arbor

If you’re dealing with an estate dispute or questions about legally executed documents, our attorneys can help. Our experienced probate litigation lawyers in Ann Arbor assist clients with will contests, trust disputes, and estate conflicts. Contact us today to schedule a consultation.

Mailing Legal Documents? USPS Postmark Changes May Affect Deadlines

A seemingly small operational change by the United States Postal Service could have meaningful consequences for individuals mailing time-sensitive documents.

Under the USPS’s updated Rule 608.11, postmarks are now frequently applied at regional processing facilities rather than local post offices. Because of this shift, documents placed in a mailbox or dropped in a blue collection box may not receive a postmark until one or more days later.

 

For individuals involved in probate matters or estate administration, this timing difference could matter. Many courts and government agencies rely on the postmark date as proof of timely mailing.

 

To help avoid potential delays, individuals mailing legal documents should consider:

• Avoiding blue collection boxes or home mailbox pickup for urgent mail
• Visiting a post office counter to purchase postage
• Requesting a manual time stamp
• Using certified or registered mail for documentation

Read more on our website here.

Working with experienced probate attorneys in Ann Arbor can also help ensure that probate filings and estate paperwork are completed and submitted correctly.

 

We assist individuals and families with probate administration and help ensure that important deadlines are met throughout the legal process. Contact us today to schedule a consultation!

New USPS Rule Could Impact Probate Filings and Legal Deadlines

A recent policy change by the United States Postal Service could affect how postmark dates are applied to outgoing mail—and that may have important implications for individuals mailing time-sensitive legal documents.

Beginning in December 2025, the USPS began applying postmarks at regional processing centers instead of local post offices under a new rule known as Rule 608.11. Because mail may take additional time to reach these processing facilities, the official postmark date may no longer match the day a document was placed in the mail.

 

For legal filings, including probate and estate administration paperwork, the postmark date is often used to determine whether documents were submitted on time. If a document is mailed before a deadline but receives a later postmark, it could create complications.

 

Individuals working through estate matters should be especially cautious when mailing:

·      Court filings and legal documents

·      Tax filings or payments sent to the IRS

·      Contractual notices or legal correspondence

·      Applications or forms with hard submission deadlines

Read more on our website here.

 

Our probate attorneys in Ann Arbor often advise clients to plan ahead when sending important legal paperwork. Visiting the post office and requesting a manual timestamp or using certified mail can help provide proof of mailing dates.

 

If you’re navigating probate or estate administration and have questions about deadlines or required filings, our legal team can help guide you through the process and ensure your documentation is handled properly. Contact us today to schedule a consultation!

Do Estates and Trusts Need to Make Quarterly Estimated Tax Payments?

Many fiduciaries are surprised to learn that estates and trusts may need to make quarterly estimated tax payments—not just file an annual return.

Understanding when payments are required can help you avoid penalties and interest.

 

When Are Payments Required?

 

Estimated payments are required if:

• The estate or trust expects to owe $1,000 or more in federal taxes
• Withholding and credits won’t cover the liability

Michigan requires payments if more than $500 in state tax is anticipated.

 

To avoid penalties, fiduciaries must usually pay:

• 90% of the current year’s tax, or
• 100% of the prior year’s tax (110% for higher-income entities) 

Estate vs. Trust Rules

 

Estates:

Typically receive a two-year grace period from estimated payments after death.

 

Irrevocable Trusts:

Do not receive a grace period. Because trust tax brackets are compressed, retained income can quickly reach the highest federal rate.

Read more on our website!

 

Why Guidance Matters

 

Trustees and executors are legally responsible for meeting IRS and Michigan deadlines. Waiting until year-end can result in avoidable penalties.

 

An estate planning attorney in Ann Arbor can help coordinate with tax professionals and ensure your fiduciary duties are met properly. Contact us today to schedule a consultation!

 

This article is not tax advice. Please consult a CPA for professional tax guidance.

Do Estates and Trusts Need to Pay Income Tax in Michigan?

When someone passes away, tax obligations don’t disappear. In many cases, the estate or trust becomes a separate taxable entity with its own federal and Michigan filing requirements.

If you’re serving as a trustee or personal representative, an estate planning attorney in Ann Arbor can help you understand your responsibilities and avoid costly penalties.

 

Are Estates and Trusts Separate Taxpayers?

 

Yes. Estates and certain trusts must file IRS Form 1041 if they earn income above federal thresholds (generally $600 for estates).

 

Common taxable income includes:

• Interest and dividends
• Rental income
• Capital gains
• Business income

Are Estimated Payments Required?

 

The IRS requires quarterly estimated payments if the estate or trust expects to owe at least $1,000 in taxes and withholding won’t cover it.

 

Payment deadlines typically fall on:

• April 15
• June 15
• September 15
• January 15

Michigan requires estimated payments if more than $500 in state tax is expected.

 

Special Rules to Know

• Estates: Generally exempt from estimated payments for the first two taxable years after death.
• Trusts: No grace period. Irrevocable trusts become taxable entities immediately and can reach high tax brackets quickly.

Read more on our website!

Reducing Tax Exposure

 

Distributing income to beneficiaries may lower the overall tax burden. The estate or trust receives a deduction, and the beneficiary reports the income individually.

 

Because fiduciaries can be personally liable for tax mistakes, consulting an estate planning attorney in Ann Arbor is a proactive way to ensure compliance. Contact us today to setup a consultation!

 

This article is not tax advice. Please consult a CPA for professional tax guidance.