The Role of A Will in Michigan Probate Proceedings. What You Need to Know

Some people think a will alone keeps their estate out of probate. We hear this question regularly, and it’s easy to see why there’s confusion.

At Bassett Murray Law Group, PLLC, we’ve spent more than three decades helping Michigan families plan ahead, and we’ve seen how important it is to understand what a will really does.

In this blog, we’ll talk about how a will fits into the probate system and walk you through ways to prevent your estate from getting tangled up in court.

The Role of a Will in Probate

You might be wondering if a will gets your estate out of probate. Sadly, that isn’t how it works in Michigan.  The Probate process is designed to distribute your property after you’re gone, either to the intended beneficiaries in your will or to your heirs at law.  If you have a will, itA will is still submitted to the court, which then supervises the distribution of your property. Otherwise, your property will pass under the laws of intestacy.

The document does offer clarity, though. It outlines who gets your assets, ensuring your wishes are carried out directly.

We still suggest drafting one since it clarifies your instructions and reduces misunderstandings. Even so, it’s essential to remember that a will alone won’t spare your loved ones from going before a judge.

Below is a quick bullet list of a will’s function:

• It lays out who inherits your belongings.
• It designates a personal representative (also called an executor).
• It names someone to act as your funeral representative.
• It nominates guardians for your minor children.
• It must usually be filed with the probate court when you pass away.

Methods to Avoid Probate in Michigan

A will is not the only piece of the puzzle. Individuals often blend several tools so loved ones can skip the extended court process. Let’s look at some common routes people in Michigan pursue to avoid or reduce probate.

Living Trusts

A living trust is a popular choice. While you’re alive, you move property into this trust. As the trustee, you keep handling your assets as usual. When you die, someone known as the successor trustee steps in and follows the instructions laid out in your trust document.

The assets that are properly titled in the trust’s name do not need to pass through probate court. Instead, ownership shifts directly to the people you’ve named. This can lower the time it takes to get the property to the beneficiaries.

Joint Ownership with Right of Survivorship

Another way to avoid court involvement is to own assets jointly with the right of survivorship. In this arrangement, if one owner passes away, the other co-owner takes over automatically, and there isn’t a delay for probate. Examples include joint bank accounts or jointly titled real estate.

Married couples in Michigan can also hold property as tenants by the entirety, which is a form of joint ownership unique to spouses (Mich. Comp. Laws § 554.44, 565.49). While this is helpful in passing assets, proceed with caution before adding someone’s name. Their financial problems might impact your property if they face legal or creditor troubles.

Payable-on-Death (POD) and Transfer-on-Death (TOD) Designations

POD accounts (bank accounts or certificates of deposit) allow you to name a beneficiary on the account. That person can go straight to the bank after your passing and claim the money without involving a judge (Mich. Comp. Laws § 700.6101). With TOD registrations (often for stocks or brokerage accounts), assets shift to the named person after the owner dies (Mich. Comp. Laws § 700.6307).

This helps dodge court steps, but remember to keep those designations accurate. Out-of-date beneficiary names can leave families facing fresh disputes.

Lady Bird Deeds (Enhanced Life Estate Deeds)

Lady Bird Deeds serve as a solid solution for real estate in Michigan. You place your home in a deed that grants you a life estate with extra privileges. This means you retain the power to sell or mortgage it without consent from the individual who inherits later.

When you die, ownership passes to that person straight away. That’s a big plus for families who want to move quickly. Because the transfer happens outside of probate, it normally sidesteps the usual wait in court.

Gifting Assets

Handing assets down before you die is another approach. If you give property or valuables to loved ones now, you can lower the size of your future estate. Fewer items can mean less involvement from the court later.

There are two points to keep in mind, though. You may need to track your gifts for federal tax filings, and giving away too much too soon may affect Medicaid eligibility. Still, in some circumstances, gifts can be an effective method of lightening the probate load.

For a quick snapshot of these methods, see the table below:

Method	Key Points
Living Trust	Assets retitled in the trust’s name. The successor trustee manages them after death.
Joint Ownership	With the right of survivorship, the surviving co-owner takes everything, bypassing the court.
POD/TOD	Name a beneficiary on bank accounts or securities, so they receive assets directly.
Lady Bird Deed	The owner keeps control of real estate but arranges a post-death transfer outside probate.
Gifting	Reduces the size of the estate, though it might impact taxes or Medicaid.

 

Simplified Probate Procedures in Michigan

Sometimes, an estate is too small to make full probate practical. Michigan offers simplified proceedings if the entire estate is worth under a certain figure after paying funeral bills. Right now, that amount is about $50,000, but the threshold can shift over time.

Under these rules, the family can file forms that allow quicker distribution and skip many of the formal steps of probate. This can reduce hassle and keep the process short for people with modest assets.

When Might Probate Be Advantageous?

We often hear that probate is something to avoid, no matter what. Yet, there are scenarios where it can be beneficial. For instance, probate has a set system for notifying creditors. This means they must bring claims against your estate within a strict window.

Without probate, creditors may have a longer period, sometimes up to three years, to appear and request payment. If you’re worried about potential claims popping up far down the road, a formal court proceeding can provide relief once creditor timelines expire.

Planning Your Estate for Peace of Mind? Contact Bassett Murray Law Group, PLLC

We understand the importance of protecting your loved ones and your assets in Michigan. Give our team a call at 734-930-9200 in Ann Arbor or 231-427-2292 for our Petoskey office, or visit our Contact Us page if you’d like to schedule a consultation. We’re invested in improving lives, and we shape strategies that fit your life and ease your worries. Reach out today so we can build a plan tailored to your goals.