Flint Probate Attorney
Helping Clients in Genesee County with the Probate Process
Facing probate after the death of a loved one can be a long and complicated process. Distributing wealth, assets and property is only a small part of it. You also may have to deal with any debts or other unsettled legal issues.
Because of all the complexities that go along with probate, it is always a good idea to get an experienced estate planning and probate lawyer to help you navigate the legal process. In addition, if you are interested in arranging a trust that can help your loved ones avoid probate altogether, our team can make sure that everything is in order.
What Is Probate?
Probate refers to the legal proceeding that handles the distribution of your estate and assets following your death. The probate process is handled by the courts, so if you don’t prepare ahead of time, there’s a chance that your assets and estate may be divided in whatever way the court deems best, rather than according to your own wishes. This is why it’s extremely important to set up a will and/or trust that details how you want your estate to be handled after your death.
When Is Probate Required?
In general, the state of Michigan requires an estate to undergo probate if the assets were listed under the deceased individual’s name alone. If the assets or estate are jointly owned by another individual then they will not need to undergo probate, but may simply be passed to the other individual who shared ownership. Additionally, assets that have already had a beneficiary designated do not need to undergo probate.
How to Avoid Probate in Flint, MI
Many people want to know how they can avoid the probate process entirely. There are certain assets that automatically bypass probate, including:
- Life Insurance
- Retirement Accounts
- Wages or salary due to the deceased person
- Bank accounts with a Payable-on-Death, or POD, designation
- Stocks and bonds registered in a Transfer-on-Death, or TOD, form
Additionally, assets owned jointly with a spouse will generally not require probate.
For any assets that don't automatically avoid probate, you have the option to set up a living trust. These assets will pass to your named beneficiaries without needing to involve probate court.
No one should have to deal with probate matters alone. Reach out to our probate lawyers in Flint, MI at (810) 292-3115.
Whether you want to know how you can protect your estate from probate proceedings, or you need help understanding your rights and responsibilities as an executor or beneficiary, the attorneys at CFlegal, PC. are prepared to assist you.
We provide personalized legal counsel on probate matters for clients throughout Genesee County. Call our Flint office today at (810) 292-3115.
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