When someone dies, there is a lot to handle.
Probate and trust administration can involve court filings, notices, creditors, taxes, property, financial accounts, and distributions to beneficiaries.
We help personal representatives, trustees, and families understand what needs to be done, what comes next, and how to move the administration forward.
ESTATE & TRUST ADMINISTRATION
Guidance from the first steps through final distribution.
Every administration is different, but the goal is the same: identify what needs to be done, address the legal and practical responsibilities, and move the estate or trust toward completion.
Probate Administration
Assistance with opening an estate, probate court filings, appointment of the personal representative, notices, creditor matters, administration of assets, and closing the estate.
Trust Administration
Guidance for successor trustees carrying out the terms of a trust, gathering and managing trust assets, communicating with beneficiaries, addressing claims and expenses, and making distributions.
Real Estate & Property
Help addressing homes, cottages, vacant land, deeds, title issues, sales, transfers, and distributions of real estate owned by an estate or trust.
Beneficiaries & Distributions
Guidance regarding beneficiary rights, fiduciary responsibilities, accounting issues, and the timing and process for distributing estate or trust property.
Probate or trust administration?
What happens after a death depends in large part on how the decedent's assets were owned and what estate planning was in place.
Probate Administration
Probate may be necessary when assets remain in the decedent's individual name without another method of transfer. A personal representative is appointed to administer the estate, address claims and expenses, manage estate property, and ultimately distribute the remaining assets.
Trust Administration
When assets are held in a trust, the successor trustee generally administers those assets according to the trust rather than through probate. The trustee still has important legal and practical responsibilities, including managing property, addressing expenses and claims, communicating with beneficiaries, and making appropriate distributions.
Some estates involve both.
A decedent may leave assets in a trust while other property requires probate. We help families identify what process applies and coordinate the administration as a whole.
THE ADMINISTRATION PROCESS
A clear path forward.
1. Understand the Estate
Review the will, trust, deeds, beneficiary designations, financial accounts, debts, and other available information to determine what needs to be administered.
2. Establish Authority
Determine whether probate is necessary, address the appointment of a personal representative when needed, and confirm the authority of any successor trustee.
3. Administer the Assets
Gather and manage property, address creditors and expenses, handle required notices and filings, coordinate tax matters, and resolve issues that arise during administration.
4. Distribute & Complete
Prepare for appropriate distributions to beneficiaries, address remaining administration matters, and bring the estate or trust to an orderly conclusion.
PROBATE & TRUST ADMINISTRATION FAQ
Questions that often come after a death.
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Not always. Probate is generally needed when someone dies owning assets in their individual name that do not otherwise pass by beneficiary designation, joint ownership, trust, or another transfer method.
Michigan also has simplified procedures available for certain smaller estates. Before opening a probate estate, it is a good idea to review the assets and how they are titled to determine whether probate is actually necessary.
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There is no single timeline. A relatively straightforward estate may often be completed within several months to a year, while estates involving real estate, tax issues, creditor disputes, difficult-to-value assets, or disagreements among beneficiaries can take longer.
Michigan's creditor procedures also affect the timeline. When the statutory notice process is used, creditors generally have four months after publication of the notice to present pre-death claims, subject to special rules for known creditors.
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A personal representative is responsible for administering the probate estate. Depending on the circumstances, that can include locating and protecting assets, providing required notices, addressing debts and creditor claims, handling tax matters, selling or transferring property, keeping beneficiaries informed, and distributing the estate.
Serving as personal representative involves important fiduciary responsibilities, and the proper procedure depends on the particular estate.
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Debts generally do not disappear at death, but family members are not automatically personally responsible for them simply because they are related to the deceased person.
Valid claims are generally addressed from estate assets according to Michigan law. The personal representative should carefully evaluate debts and creditor claims before distributing estate property, particularly when there may not be enough property to pay every obligation.
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A family cottage can present issues that go beyond simply transferring title. The family may need to decide whether the property will be sold, distributed to one beneficiary, or retained by multiple family members.
When a cottage will remain in the family, it is important to consider not only ownership, but also future expenses, maintenance, use of the property, decision-making, and what happens when an owner dies or wants to sell. Careful estate administration can help transition the property while laying the groundwork for its long-term ownership.
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Beneficiaries can receive their inheritance once the personal representative is comfortable that the estate has enough assets to pay its debts, expenses, taxes, and other obligations. In some cases, partial distributions can be made before the estate is completely closed.
The timing depends on the estate. A straightforward estate may allow distributions within several months, while estates involving real estate, creditor claims, tax issues, or disputes may take longer.
You don't have to figure out the next steps alone.
If you are serving as a personal representative or trustee, or need help understanding what happens after a family member's death, we can help you identify the next steps and move the administration forward.
Cross + Compass, PLC · Petoskey, Michigan · Serving Northern Michigan