Probate Court is where estates are administered. It is also where guardianships and conservatorships are established. If there are problems with trust administration, the Probate Court where people go to resolve those problems. In some counties Probate Court judges handle family law cases.
I have represented individuals in the various types of Probate Court matters discussed below.
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Probate Court is where estates are administered. The Probate Court appoints someone to be in charge of the estate and gives that person authority to administer the estate. That person is called a Personal Representative (PR).
The Probate Court will also make decisions regarding any number of estate-related issues. The following are a few common examples:
If the deceased has a Will and one of the heirs thinks the deceased was unduly influenced in making the Will;
If a provision in a person's Will is vague or unclear or there is disagreement over what a provision means;
If one of the heirs thinks the PR is not administering the estate properly;
Informal Estate Administration
Michigan law allows estates to be administered informally. Generally this means the Court will only get involved in the particulars of administration if asked to.
The informal probate process it a very cost-efficient way to administer modest estates where there is little or no conflict among heirs.
It is possible to administer an estate informally without ever setting foot in the Probate Court!
Trust Administration
One of the reasons people execute trusts is to keep their affairs
private. Probate Court files are public records and are open for anyone to review.
Even though trusts are designed to stay out of Probate Court that does not guarantee no court involvement. A Trustee is not free to do whatever he or she wishes - a Trustee has responsibilities and obligations to the trust beneficiaries. If the Trustee refuses to honor those obligations the beneficiaries can do something about it - namely they can ask the Probate Court to get involved in trust administration.
There are a variety of reasons why the Probate Court might get involved in
administering a particular trust. Some common reasons include:
A trust beneficiary not receiving the information he or she is entitled to.
A Trustee dies or resigns and the Trust isn't clear about a Successor Trustee.
A Trust beneficiary dies and the Trust isn't clear about who should inherit that beneficiary's share.
Guardians and Conservators
A Guardianis a person who is responsible for the physical care of another. A Conservator is a person who manages money for someone else.
The stereo-typical situation is a child caring for an elderly parent
but minor children also need guardians and conservators too.
Guardians and Conservators are accountable to the Probate Court so long as they hold the position.
