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The Probate Process

"Probate Assets"

Only assets held in the decedent’s individual name are subject to probate. Property owned jointly with others typically passes directly to the surviving owners without going through probate. Similarly, life insurance proceeds and retirement accounts with properly named beneficiaries usually avoid probate.

Probate is Public

Only assets held in the decedent’s individual name are subject to probate. Property owned jointly with others typically passes directly to the surviving owners without going through probate. Similarly, life insurance proceeds and retirement accounts with properly named beneficiaries usually avoid probate.

Keep Your Estate Private

The main goals of probate are to account for the decedent’s assets, pay creditors, and oversee the orderly distribution of the remaining estate. Property held individually by the decedent is ultimately transferred to the heirs through the court process. If there is a Will, the court follows its instructions; if not, Michigan’s intestacy laws (assuming the decedent lived in Michigan) determine who inherits and who manages the estate.

The probate process varies depending on the types of assets, family relationships, and whether there is a valid Last Will, Trust, or other estate planning documents. While each case is unique, the process generally includes the following steps:

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1. THE APPLICATION

The probate process begins by filing either an Application or a Petition with the probate court and paying required filing fees. If the decedent had a Will, the named personal representative (or “executor”) handles the paperwork. If there is no Will, the court appoints someone to manage the estate. Filing an Application for informal probate is often quicker and easier, but in some cases, a formal Petition — though more time-consuming — offers more protection. Each situation must be reviewed to determine the better option.

2. PUBLIC NOTICE

After filing, a Notice must be published in a local newspaper announcing the death and the estate. The Notice identifies the personal representative and provides certain details about the decedent. It often attracts creditor claims and occasional solicitations, some legitimate and some not.

3. INVENTORY

The personal representative must identify and gather all probate assets, determine their value (sometimes needing appraisals), and file a written inventory with the court. An inventory fee, based on asset value, must be paid. Property must be properly described, and real estate must have a legal description. Errors or omissions can result in personal liability.

4. CREDITORS

The personal representative must review and determine the legitimacy of creditor claims. Valid claims must be paid with estate funds. Often, claims can be negotiated to avoid disputes. Strict timelines apply, and personal representatives must understand their options when dealing with creditors.

5. ESTATE TAXES

If the estate owes estate taxes, the personal representative must file Form 706 (U.S. Estate Tax Return) and pay any taxes due within nine (9) months of death. An estate income tax return (Form 1041) and the decedent’s final income tax return (Form 1040) must also be filed. As attorneys and CPAs, we are experienced in preparing these returns and guiding personal representatives through the process.

6. ACCOUNTING AND CLOSING

The personal representative must prepare a full accounting, provide copies to all interested parties, distribute the remaining assets, and close the estate. Closing may be done informally or formally, depending on the issues that arise and the level of protection desired. As your probate counsel, we help guide you through this critical final step.

Responsibilities Of The Personal Representative

The personal representative manages all Estate assets from the decedent’s death until the Estate is closed. Responsibilities may include maintaining and selling real estate, handling personal property (such as vehicles), maintaining insurance coverage, monitoring mail, paying bills, managing bank accounts and investments, filing tax returns, and distributing funds to heirs. Questions and challenges are common, and our firm is available to assist throughout the process.

Timing

Typically, probate begins a few weeks after death. There is no legal deadline to start, but once opened, the earliest an Estate can close is four (4) months later. In most cases, probate takes several additional months and sometimes up to a year. Disputes by heirs, family members, or creditors can further delay the process.

We work daily with Michigan’s probate courts and are familiar with each court’s procedures and the probate code. We are also equipped to address tax issues and maximize opportunities throughout the probate process. As your probate counsel, we provide thorough representation and advice to ensure your probate matter is handled properly.

Probate

If a person becomes incapacitated without written Powers of Attorney, a court proceeding will be required to appoint someone to make financial and health care decisions. The probate judge will name

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Conservatorship

If a person is incapacitated and cannot handle financial affairs, the probate court will appoint a conservator. The conservator must manage all assets and account annually to the incapacitated person

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Guardianship

If a person becomes incapacitated and cannot make medical or treatment decisions, a court proceeding may be necessary to appoint a family member or other person to help (i.e. a “Guardian”).

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Probate Litigation

The probate court has jurisdiction over disputes concerning Estates, Trusts, Guardianships, and Conservatorships. Trusts generally avoid probate, but any dispute over a Trust’s administration is adjudicated

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Get Your Questions Answered Now

Our Advice Is Backed By 25 Years Of Experience.

CALL FOR A FREE CONSULTATION

(248) 646-7700

Get Your Questions Answered Now

Our advice is backed by 25 years of experience and based on over 2,000 client engagements.

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July 30, 2024
William Gaggos is extremely professional and well connected. Mr. Gaggos listens to his clients and is focused on achieving their desired legal outcomes.

Sterling
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March 16, 2024
After my husband's unexpected passing early this year, I hired Mr. Gaggos to advise me and provide legal counsel with respect to a slightly unusual probate issue regarding my husband's estate. Throughout this process his handling has been on point in every way - timely, appropriate and with professional skill. Not being a lawyer myself, from time to time I asked questions about process and terms which he answered patiently and to my full satisfaction. I would definitely recommend Mr. Gaggos to anyone seeking legal counsel in his specialty.

Joanne
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October 21, 2022
William Gaggos provided expert legal assistance in settling the estate and expediting the Revocable Trust of my recently departed spouse. His services included the resolution of numerous financial and legal items in a professional manner and in an efficient timeframe. Mr. Gaggos made this necessary task more bearable by handling all the details with very little effort on my part, including the efficient use of emails with minimal office visits necessary.

Rick
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January 31, 2023
Bill Gaggos has been my estate planning attorney for over ten years. Bill has guided my wife and I, and other family members in planning and revising our will and trusts. He listens and asks questions in order to provide us with the best options/services that our tailored to our individual requirements. I would highly recommend Bill to anyone looking for an estate planning attorney.

Leonard
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May 20, 2023
Excellent estate lawyer, helped us though everything in great detail. It truly appeared he know his stuff.

Deborah
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December 31, 2021
I was referred to Attorney Gaggos by my banker in order to update my living will. He is extremely knowledgeable and professional. He took care of things quickly and anticipated any problems before they happened. I would highly recommend him and his staff.

Mark
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August 19, 2023
We hired Bill Gaggos for our estate planning, and we couldn't be happier with our choice! Bill addressed all of our concerns and brought up issues we never thought of. We feel very confident and secure that our estate planning is in good hands!

Shelly
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October 12, 2024
My wife and I met with Mr. William (Bill) Gaggos on a few occasions to develop estate planning documents. Our first introduction was by phone. He was very cordial and professional on our call. We decided to move ahead and work with Bill to develop a comprehensive estate plan. We were extremely satisfied with the results of our engagement. I would use Bill's services in the future and recommend him to anyone who is interested in developing an estate plan.

Frank
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April 12, 2024
Bill exceeded my expectations on my father’s estate planning. It was a very difficult time for me, Bill took the time to walk me through the process. He was very knowledgeable, professional and most important responsive. Billing was accurate, precise and reasonable. I will be using Bill for all of my future estate and legal business matters moving forward. I consider him a friend.

Christopher Maiberger
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December 16, 2024
Excellent Trust and Estate Attorney
Bill is extremely patient and thorough. He followed up with my wife and I and also with our financial institutions. He is also beginning to be proficient in international estate issues.

George
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November 5, 2024
Bill really helped us navigate our parents estates.
When our mom passed, we contacted Bill. He had set up a trust for our parents. But they went to another attorney after that who revised the trust and left it in a real mess. Bill helped us navigate that and other legal tasks that needed to be addressed. He was kind and straightforward, guiding us to do what we could on our own and stepping in as we needed or wanted. We really appreciated his support during a difficult time.

Susan
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August 18, 2023
Easy to work with. Thanks for the help!

Tim Patton
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September 10, 2024
Very helpful, efficient and always responded to any query I had. Very pleased I chose Mr Gaggos it was quick and effortless..

Shanen O’Neil
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August 26, 2022
Bill was very easy to work with getting together a new trust since our previous one was out of date. He is accommodating and makes it convenient not challenging.

Walter Goodman
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December 8, 2024
Bill Gaggos recently updated my trust, will, and other legal documents.
He very quickly understood who I am and what I’d like. He made great suggestions that I didn’t even know to ask for.
He worked efficiently and quickly.
I am extremely satisfied.

Linda Lloyd
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March 23, 2024
Bill is awesome to work with. He offers important different perspectives to consider, communicates very well, has great attention to details, is easy to reach and expedient in his response times.

Bradley Sierens
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November 16, 2023
Bill Gaggos has been amazingly helpful creating an estate plan for me. I have some special circumstances and he talked me through several options until we settled on the one that best fit my needs. I always felt my best interest was his goal. I will recommend Bill to all my friends and family.

Ed Quisenberry
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January 10, 2025
Bill knows his stuff. He is well organized and follows through with what he says he'll do. He sizes up people quickly and makes recommendations from solid judgement.

Ed Broutin
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February 18, 2025
We have used Bill for our estate planning and updates. He does a great job, but what I like most is his help with deciding on how we need to plan our estate when we were unsure. I highly recommend him!

Kris Stanford
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February 6, 2025
My wife and I had an absolutely incredible experience working with Bill Gaggos to get our initial estate plan created and completed. My wife and I had no idea where to start, what questions to ask and Bill walked us through the process and was very thorough and prompt to get this process finished and finalized. I would recommend anyone I know to work with Bill and his team on anything related to estate planning. Top notch!

Mike Koleno
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April 5, 2025
Bill was very helpful and responsive in putting together our estate plan. He was able to meet right away online and meetings were reasonably timed. He walked us through helpful scenarios and guided us towards a plan that made sense for us. Would recommend him to anyone!

James Wroblewski III