Over 90 Years of Combined Experience Credentials, Compassion and Commitment Make Us the Clear Choice

Troy Probate Administration Attorney

Effective Counsel to Ensure Fair Probate Administration

When a person passes away (the “decedent”), their surviving loved ones may disagree as to how the decedent’s estate should be distributed. When several parties make competing claims over some or all of the decedent’s estate, the issue is brought before a probate court. Probate administration usually involves the following scenarios:

  1. The decedent left a will or other document that is contested by several parties; or
  2. The decedent did not create a valid will, therefore their estate is distributed according to Michigan’s probate laws.

If a loved one recently passed away with or without a will then if any of their assets are in their individual name and there is no joint owner or beneficiary or the asset(s) are not titled to a trust then the only way an asset can be transferred is through a probate administration. The probate process can be time consuming, expensive, public and you can lose control to the probate court. It is highly recommended that one use an experienced attorney who is familiar with probate administration to determine you and your loved one’s rights. Contact Barron, Rosenberg, Mayoras & Mayoras to learn more about your available legal options.

Who Can Be a Personal Representative?

The probate court appoints a “personal representative” to control or manage the assets of the decedent’s estate. Under Michigan’s probate code, the personal administrative is selected from the following people, in order of priority:

  1. A person specified in the decedent’s will;
  2. The decedent’s surviving spouse if the spouse is devisee (beneficiary) of the decedent;
  3. Other devisees of the decedent;
  4. The decedent’s surviving spouse (regardless of devisee status);
  5. Other heirs of the decedent;
  6. 6 weeks after the decedent’s death, the nominee of a creditor with the probate court’s approval; or
  7. In certain emergency situations, a state or public administrator.

What Are the Personal Representative’s Duties?

Personal representatives have a legal duty to swiftly and efficiently settle the decedent’s estate in accordance with Michigan law. If the decedent left a will, a personal representative has a legal duty to abide by the will’s terms. Personal representatives also have a legal duty to put the estate’s interests above their own. If the person did not have a will then that person dies intestate (without a will) and the statutes of the state of Michigan will determine how the assets are to be distributed. In many cases this is not what a person intended.

Probate administration can involve complicated legal issues, such as:

  • Contract interpretation;
  • Determining the value of assets;
  • Settling the decedent’s taxes, debts and expenses;
  • Determining the proper disposition of jointly owned assets;
  • Determining the proper disposition of assets held in trust;
  • Proper division of life insurance proceeds; and
  • The disposition of retirement accounts.

Given the complex nature of probate administration, an inexperienced personal representative could unintentionally breach their legal duties. As a result, personal representatives should consult an experienced probate attorney for advice on the proper administration of the decedent’s estate.

Consult With Experienced Counsel About Probate Administration

Our attorneys at Barron, Rosenberg, Mayoras & Mayoras have decades of collective experience with probate administration in Troy, Oakland, Macomb, Wayne, Washtenaw, Livingston, Genesse and St Clair counties.

Our probate administration attorneys can help you. Contact Barron, Rosenberg, Mayoras & Mayoras today at (248) 494-4577 for a free consultation with compassionate counsel.

The Expertise, Experience and
Excellence You Need

  • “Simply compassionate, professional, caring and and outstanding performance in court.”

    Al Curtis

  • “She is very professional, courteous, and sincere – and that’s not usually expected in an attorney.”

    Former Client

  • “We want to thank you for your advice and assistance over the years with my mother and father.”

    Former Client

  • “The firm provided personal service in a very professional manner.”

    Former Client

  • “All matters were handled very professionally.”

    Former Client

  • “You always put me at ease.”

    Former Client

  • “It is a breath of fresh air to find someone concerned with people and families first!”

    Former Client

  • “There was always someone there to help answer a question.”

    Former Client

  • “I felt a personal connection with every member of the firm I had contact with.”

    Former Client

  • “Outstanding service and counsel in every regard!”

    Former Client

  • “Excellent”

    John Morgan

  • “We want to thank you for your advice and assistance over the years with my mother and father.”

    Former Client

  • “Truly a Great Law Firm with Truly Great People!!”

    Curt Booza

  • “Thank you for a PHENOMENAL experience.”

    Former Client

  • “Thank you all so much. We feel every aspect, and then some, has been addressed to fully meet our needs.”

    Dennis and Susan Casey

BRMM Blog

  • Danielle and Andy's TV Show:
    Danielle and Andy's TV Show: "Fortune Fights" read more
  • Urgent Bulletin: New Regulations for VA Pension and Other Needs Based Benefits Effective October 18, 2018
    Urgent Bulletin: New Regulations for VA Pension and Other Needs Based Benefits Effective October 18, 2018 read more
  • BRMM Wins Significant Elder Law Case in Michigan Court of Appeals
    BRMM Wins Significant Elder Law Case in Michigan Court of Appeals read more
  • Does an Executor or Trustee Have a Duty to Maintain Confidentiality?
    Does an Executor or Trustee Have a Duty to Maintain Confidentiality? read more
  • Florida Powers of Attorney: What Michigan Snowbirds Need to Know
    Florida Powers of Attorney: What Michigan Snowbirds Need to Know read more
  • What Happens When The Family Can't Get Along?
    What Happens When The Family Can't Get Along? read more
  • New Data Added to Government's Hospital Compare Website that is Already Booming
    New Data Added to Government's Hospital Compare Website that is Already Booming read more
  • What Is the Importance of Registering a Michigan Trust?
    What Is the Importance of Registering a Michigan Trust? read more
  • Federal Estate Tax and Gift Tax Changes in the Tax Cut and Jobs Act Provide New Opportunities for Tax Savings
    Federal Estate Tax and Gift Tax Changes in the Tax Cut and Jobs Act Provide New Opportunities for Tax Savings read more