What is Probate?

A word that comes up often in the world of estate planning is “probate.” When clients first get started planning their estate with me, they often have the goal of avoiding probate. Despite brushing with this word occasionally, many people only have a cursory understanding of what it means. So, what does “probate” mean?

The Probate Court is the branch of any state’s court system that is specialized to accomplish the goal of making sure the property in a deceased person's estate goes where it is supposed to go. “Probate,” then, generally refers to the process the Probate Court uses to accomplish that goal.

Typically, the probate process starts with the appointment of a Personal Representative, who is tasked with administering the estate in a way consistent with the deceased person’s will, or, if there is no will, Michigan Law. This article only focuses on probate, so if you are curious about what it means to die without a will, view our article, “What Happens If I Die Without a Will?”

The Personal Representative’s tasks include filing the proper paperwork with the court, notifying creditors that the decedent’s estate has been opened, notifying the persons entitled to receive property that they have an interest in the estate, and ensuring the right property actually gets to those people. Each state has their own rules governing the probate process, but they all set forth strict filing, notice, procedural, and timing requirements for the Personal Representative to follow. Most people taking on the administration of an estate hire an attorney to assist them with the probate process."

Estates admitted to probate typically take anywhere from 6 months to 1 year to administer. In some cases, the process can take even longer. When admitting an estate to probate, the court charges an “inventory fee” equal to a small percentage of the estate’s total value. Additionally, probate proceedings are matters of public record, and so the events that occur within the probate process can be viewed by the general public who feel so inclined to check.

The above points lead most people to four conclusions: probate is lengthy, probate is difficult for the Personal Representative, probate is costly, and probate forfeits familial privacy. And while probate is a very useful process, these conclusions all share a measure of truth. It can be a challenging process to navigate. That’s why many people use estate planning to avoid the probate process entirely.

If you are the newly-appointed Personal Representative of an estate or somebody who is interested in planning to avoid probate, please call me at (616) 699-5104 to schedule a free consultation and gain some expert insight.

Adam Kimball
Kimball & Wells, PLLC
Adam@kimballwells.com
(616) 317-8489