An estate is considered for the assignment procedure when the true cash value of the estate is not more than $15,000. There may or may not be a will with an assignment procedure. The estate may be assigned to the surviving spouse or the person who has paid the funeral bill to the extent of such payment. If there is no surviving spouse and the funeral bill has been paid, the estate may be assigned to the heirs at law.
If a person leaves a will, it usually names a person to be the personal representative of the estate. If there is no will, the probate court will appoint a personal representative. The personal representative is responsible for completing all the requirements to distribute the assets of the estate.
In an independent probate proceeding, the personal representative distributes the estate after showing the court that all heirs and creditors have been notified and all taxes have been paid. Formal court hearings are usually not necessary in independent probate cases.
In a court supervised estate, probate court will oversee how the estate is distributed. Court supervised estates generally involve disputes over the distribution of the estate or other legal issues.
An estate which starts as an independent probate proceeding may be changed to a supervised proceeding upon the petition of an interested party if it is shown that court supervision is necessary.
In all three types of estates, a petition must be filed with the probate court to begin estate proceedings. These forms are available from the probate court. You may not be required to have an attorney, but the personal representative may choose to have help from an attorney.
2/99
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Last updated 2-18-99
Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov