What Happens If You Don’t File a Probate?

We often feel a bit overwhelmed after a loved one passes, especially when confronting legal procedures. You may be unsure whether filing for probate is even required.

At Bassett Murray Law Group, PLLC, we’ve spent over 30 years supporting Michigan families with planning and administration. Today, we’ll walk through the possible consequences of not filing for probate, along with some methods for avoiding probate altogether.

Consequences of Not Filing for Probate

Probate is not mandated in every estate. However, skipping probate when it’s needed can lead to challenging complications. Many individuals hesitate to begin the process because they worry it might be lengthy. That pause, though, can place heirs in a tough legal spot. Let’s explore some of the possible issues that come up when no probate documents are filed.

Inability to Transfer Assets

A central purpose of probate is transferring property from the deceased person’s name to the rightful new owner. If the estate holds a home, bank accounts, or vehicles that do not carry beneficiary designations or joint ownership, heirs typically cannot claim them without probate approval. For example, titles on cars and deeds on houses remain locked in the name of the person who died unless a court or another legal channel confirms that transfer. This can stop family members from selling or moving into the property, even if everyone agrees on how to divide it.

Potential Lawsuits from Heirs

Skipping probate can also spark lawsuits among family members. If someone believes they have a right to inherit assets, they may sue the personal representative or others who stand in the way. Michigan’s intestate succession rules decide inheritance when there is no will, but only when the estate is opened properly. Delaying or refusing to start probate can leave certain relatives empty-handed, paving the way for legal battles.

Unresolved Will Issues

Another concern is that a will might be contested or questioned. Perhaps a relative suspects that the signature on the will was coerced or wonders if the deceased person was of sound mind when making it. Only probate allows these questions to be resolved in court. Without probate, issues about a will’s legitimacy stay unaddressed, creating ongoing disagreements among heirs.

Statutory Duty to File the Will

Michigan statute 700.2516 clearly states that any individual holding a will must file it in the county court shortly after the person’s death. Failure to comply may result in legal penalties if others suffer losses because of the neglect. For instance, if an heir misses out on property or financial proceeds because a will was withheld, the person who withheld it might be found liable for those damages.

When Probate May Not Be Necessary

Probate does not apply to every situation. Sometimes, an estate can completely bypass it or use a simplified form. Here are some ways that can happen:

• Assets Owned Jointly: Full ownership usually shifts to the surviving partner without probate if spouses own a house as joint tenants.
• Beneficiary Designations: Life insurance and retirement accounts commonly have designated beneficiaries. Those assets can pass directly to that person without a court-based process.
• Assets in a Trust: Property placed into a trust is generally not part of the estate for probate purposes.
• Small Estates: Estates under a certain value threshold may qualify for a simplified procedure in Michigan, especially if they do not contain real property. This abbreviated format can hasten settlement.

If you’re unsure whether probate is required, consulting a legal professional can clarify the estate structure. That clarity helps families avoid frustration and conflict.

How to Avoid Probate in Michigan

Not everyone wants their family members to deal with probate. Individuals can minimize involvement with the courts and simplify asset distribution by planning ahead. Below are some approaches that can help.

Consider this simple table that highlights a few methods and their core advantages:

Method	Core Benefit
Create a Living Trust	Gives control of assets to a trustee and bypasses probate later
Joint Ownership	Allows ownership to pass directly to the co-owner
Gifting Assets	Reduces the size of the probate estate during one’s lifetime
Beneficiary Documents	Permits direct transfers of bank, investment, or retirement accounts

 

These approaches work best if put in place ahead of time. For example, creating a trust ensures that real estate, bank accounts, or other resources skip probate entirely, while naming beneficiaries on retirement funds and insurance policies ensures that those assets pass directly to loved ones. Gifting property while alive is another option for keeping things more straightforward for heirs. Probate might be avoided altogether if your situation is undisputed and carefully planned.

Dying Without a Will: Intestate Succession

Passing away with no valid will can sometimes complicate matters, but Michigan’s rules decide who inherits assets. This is known as intestate succession. A court-appointed personal representative would still gather resources, address any outstanding debts, and then distribute what remains based on a preset order. Usually, the surviving spouse inherits a defined share, and children receive amounts spelled out under Section 700.2102 of Michigan law. If there is no spouse or children, property goes to more distant relatives in an established pattern of relationship priority.

Not having a will does not mean heirs are out of luck. It just means the courts follow a standard formula for asset division. Having a will, however, grants you greater say over how your belongings are shared.

Facing Probate Concerns? Contact Bassett Murray Law Group, PLLC Today

Our team has aided Michigan families with estate administration for decades, focusing on greater peace of mind. We understand that dealing with probate or deciding whether to file it can feel heavy. We encourage you to reach out if you want reliable guidance that takes stress off your shoulders. Call us at 734-930-9200 in Ann Arbor or 231-427-2292 for our Petoskey office, or visit our Contact Us page to learn how we help with probate and estate planning. We are invested in improving lives and believe in thoughtful legal solutions that reflect your goals and protect your loved ones.