Probate Court
(Estate & Trust Administration; Guardianships; Conservatorships)

What Is Probate Court?

Probate Court is a place where a few different things can happen:

Probate Court is where a decedent's estate is administered.
It is also where guardianships and conservatorships are established.
If there are problems with trust administration, the Probate Court is where those problems are resolved.
In some counties Probate Court judges handle family law cases.

I have represented people in all these types of cases.

Estate Administration (in general)

Probate Court is where estates are administered. The Probate Court appoints someone to be in charge of the estate and gives that person authority to administer the estate. That person is called a Personal Representative (PR).

The Probate Court will also make decisions regarding any number of estate-related issues. The following are a few common examples:

If the deceased has a Will and one of the heirs thinks the deceased was unduly influenced in making the Will;

If a provision in a person's Will is vague or unclear or there is disagreement over what a provision means;

If one of the heirs thinks the PR is not administering the estate properly;

Informal Estate Administration

Michigan law allows estates to be administered informally. Generally this means the Court only gets involved if it is asked to get involved.

The informal probate process it a very cost-efficient way to administer modest estates where there is little or no conflict among heirs.

It is possible to administer an estate informally without ever setting foot in the Probate Court!

Trust Administration

One of the reasons people execute trusts is to keep their affairs private. Probate Court files are public records and are open for anyone to review. Even though trusts are designed to stay out of Probate Court that does not guarantee no court involvement.

A Trustee is not free to do whatever he or she wishes. A Trustee has responsibilities and obligations to the trust beneficiaries. When a Trustee refuses to honor those obligations the beneficiaries can do something about it; they can ask the Probate Court to get involved.

There are a variety of reasons why the Probate Court might get involved in administering a particular trust. Some common reasons include:

A trust beneficiary not receiving the information he or she is entitled to.

A Trustee dies or resigns and the Trust isn't clear about a Successor Trustee.

Trust beneficiary dies and the Trust isn't clear about who should inherit that beneficiary's share.

Guardians and Conservators

A Guardian is a person who is responsible for the physical care of another person.

A Conservator is a person who manages money for someone else.

The stereo-typical situation is a child caring for an elderly parent but minor children also need guardians and conservators too.

Probate Court (Estate & Trust Administration; Guardianships; Conservatorships)

Probate Court
(Estate & Trust Administration; Guardianships; Conservatorships)