The days and weeks after the loss of a loved one are difficult on their own, and are made more complicated by the need to settle the estate of the deceased. Often that happens through the probate process: the administration of an estate overseen by the court.

The timeline of the probate process depends in part on the size of the estate, the number of heirs, and certain other factors that are out of the family’s control. That said, many of the common causes for probate delays in Michigan are avoidable. Anticipating roadblocks and setbacks is essential to keeping the probate process moving so that your grief isn’t needlessly complicated by stress. An experienced probate attorney can help you keep things on track.

What’s Involved in the Probate Process?

When you understand what’s involved in the probate process, it becomes easier to see how delays can happen. Holdups at any of these points can draw the probate process out:

• Opening the probate case by filing a petition in the probate court for the county where the deceased lived and submitting the will (if there is one)
• Appointment of a personal representative to handle the administration of the estate (usually a close family member)
• Notifying heirs, beneficiaries, and creditors that a probate estate has been opened
• Inventorying and valuing estate assets, including appraisals of property if needed
• Paying expenses, taxes, and legitimate debts of the estate
• Distributing remaining assets according to the will (or Michigan law of intestate succession if there was no will)
• Closing the estate

For most personal representatives, the probate process is unfamiliar. Not knowing what to do can lead to inaction and the following common probate mistakes.

Common Probate Mistakes that Cause Delays

There are dozens of decisions that can slow down the probate process, but here are some of the most frequent delay-causing mistakes we see as probate attorneys:

Failing to Timely Open an Estate

It seems obvious: the longer it takes to open a probate estate, the longer it will take to get estate business resolved. But failing to open an estate promptly after a death can cause problems beyond simply pushing the timeline of the probate process back.

Michigan law gives priority for who can serve as personal representative of an estate. If the will of the deceased names a personal representative, that person has priority, followed by other devisees and close relatives.

However, if no personal representative has been appointed by the court within 42 days after the decedent’s death, the court may appoint a personal representative nominated by a creditor. After 63 days following a death (or sooner if the court deems it necessary), a state or public administrator may be appointed.

Appointment of a creditor’s nominee or public administrator as personal representative can slow down the administration of an estate. This is not necessarily because they are doing anything wrong, but because their priorities may differ from those of family members. Courts are also more likely to require formal probate in these cases, which involves more court filings and hearings, and generally a longer timeline.

A bigger issue than the delay for many families is that they lose control of the administration of a loved one’s estate if an outside party is appointed as personal representative. A probate attorney can help you ensure that a probate estate is opened timely and correctly to avoid these problems.

Missed Deadlines and Improper Notices

The probate process affects the rights of many parties, including devisees (people who were left something in a will), heirs (people who would inherit from the deceased by law), and creditors. All of these interested parties have a right to be properly notified of proceedings.

Failure to give notice to an interested party, or to give proper notice that meets legal requirements, necessarily delays the probate process. Since interested parties must be given the opportunity to participate in the process, errors in providing notice can extend or re-start waiting periods before proceedings can move forward.

Creditors have a certain period after being given notice of the estate to file claims. If they do not make a claim against the estate during that window, the claim is forever barred. Giving prompt and proper notice gives family members certainty that no unexpected demands for payment will arise later, and allows for distribution of the estate to devisees and heirs.

A probate attorney’s guidance is invaluable in providing proper notice to all interested parties, including known and unknown creditors.

Disputes Caused by Unclear Communication

It’s unclear to many personal representatives how, and how often, they should be communicating with heirs and beneficiaries of the estate. Beneficiaries who feel uninformed (even when the process is moving as it should) may become suspicious. Small concerns can escalate into serious disputes.

Many probate matters in Michigan fall under the heading of informal probate, which involves minimal court oversight, and generally, quicker timelines. Disputes or formal objections about how the personal representative is handling their duties can force the matter into formal probate, which involves more court involvement and a longer time frame.

A probate attorney can help the personal representative set clear expectations with beneficiaries from the start of the process and communicate effectively with them throughout. The attorney can also help ensure that the personal representative is staying within their legal authority and address any concerns early, before interested parties feel the need to escalate those concerns to the probate court

Work with an Experienced Michigan Probate Attorney

Navigating the probate process in the aftermath of a loss can feel overwhelming. Working with a probate attorney can make the process easier and quicker and the outcome better.

The skilled estate planning, estate and trust administration, and probate attorneys at Barron, Rosenberg, Mayoras & Mayoras help individuals and families get through the legal process with care and compassion. Schedule a consultation today by calling (248) 641-7070 in Michigan or (941) 222-2199 in Florida to learn how we can assist you. You can also use our simple online contact form.