Macomb County Estate Administration

Estate Administration

After your death, your estate will enter probate, and estate administration refers to the process of moving things along – in accordance with your wishes as outlined by your estate planning tools. Probate is a complicated legal matter, which makes estate administration an important element of your estate plan. To ensure that your wishes are upheld, working with an experienced Michigan estate planning attorney is always advised.

The Administration of Your Estate

Once you pass away and your estate enters probate, the administration of your estate involves all the following components:

• Identifying your assets and gathering their documentation
• Identifying your outstanding debts and paying them along with your final expenses
• Distributing your assets according to your wishes as determined by your will

The personal representative named in your will must attend to the distribution of your assets in accordance with your wishes, which makes choosing a representative whom you trust to carry out the necessary steps critical. If you fail to assign a personal representative in your will, the court will do so. Before obtaining the authority to act on behalf of your estate, the personal representative must sign and file an Acceptance of Appointment.

Supervised Administration

When the administration of an estate is supervised, the personal representative cannot distribute any assets without a court order. Once the personal representative needs to distribute assets during the probate process, they must turn to the court for permission to do so, and if the request is approved, the judge will sign an order either for distribution or partial distribution. The personal representative must give notice prior to taking specific actions throughout the administration of the estate, whether it is supervised or unsupervised.

Unsupervised Administration

The probate judge won’t oversee the administration of your estate if it is unsupervised. Your will can address the matter of whether or not you’d like it to be supervised by the probate court or not, but the decision is ultimately determined by the court, which will examine your will and decide whether or not supervision is called for. When there is an heir whose interest may need protecting, such as a child with disabilities, the court is more inclined to require supervision.

Steps Forward

At the initial hearing regarding your will, the probate judge will identify your domicile, which refers to your legal residence, and your heirs – in addition to determining if your will is legally valid. If your will is contested – or objected to by an interested party, which generally means a legal heir or someone to whom you are indebted – it complicates the matter. Generally, wills are contested for their legitimacy or in relation to their probate.

From here, paperwork and payments must be handled, which includes tax payments and administrative expenses, and finally, the estate can be closed.

An Experienced Michigan Estate Planning Attorney Is on Your Side

The knowledgeable Michigan estate planning attorneys at Aiello & Associates can help you address the matter of your estate’s administration – in support of a smooth process that upholds your wishes and protects your named heirs’ rights. Learn more by contacting us today.