Probate can be briefly defined as the legal process of estate administration. If you were to use a last will to state your final wishes, you would name an executor or personal representative in the document to handle the estate administration tasks. The executor would be required to admit the will to probate, and the court would provide supervision during the administration process.
Creditors must be notified during probate, and they are given an opportunity to come forward to seek satisfaction. The executor would identify and inventory all of the property that is part of the estate, and if liquidations are necessary, the executor would complete the necessary tasks. When all of the requirements are met, the court would close the estate, and the executor would be authorized to distribute the assets to the inheritors.
This is a basic overview of how the process unfolds when a last will has been executed. In some cases, an individual will pass away without any estate planning documents at all. In legal parlance, this is the condition of intestacy. Under these circumstances, the probate court would step in and apply state laws to determine how the assets should be distributed after final debts are paid.
The probate court also handles guardianship and conservatorship matters. When you think about the concept of guardianship, minor children may come to mind, and the probate court is responsible for these cases. At the same time, adult guardianship is sometimes necessary when adults become incapacitated.
A guardian can be appointed by the probate court to handle the personal decision-making for an incapacitated adult. There is another representative called a conservator that could be empowered to manage the financial affairs of an adult that is incapacitated.
Uniform Probate Code
Back in the 1960s, members of the legal community decided to convene in an effort to develop probate guidelines that would be adopted in all 50 states. In 1969, the National Conference of Commissioners on Uniform State Laws and relevant sections of the American Bar Association released the final version of the Uniform Probate Code. Since then, it has been revised a number of times.
The goal of universal acceptance of the Uniform Probate Code was never accomplished. However, it has been adopted by 16 states. Our office is in Mount Clemens, Michigan, and the Uniform Probate Code has been adopted by the state of Michigan. If you would like to gain a detailed understanding of this code, click the following link: Cornell Law School Legal Information Institute–Uniform Probate Code.
Macomb County Probate Court
Mount Clemens is the county seat of Macomb County. The probate court is a county court, so Mount Clemens probate matters are handled by the Macomb County probate court. It is located at 21850 Dunham Road right here in Mount Clemens. The phone number for the wills and estates section is 586-469-5290, and the mental health division can be reached at 586-469-5320. You can click the following link to reach their website: Macomb County Probate Court.
If you need legal assistance to help you deal with any type of Mount Clemens probate matter, our firm can definitely provide the appropriate guidance. Plus, there are many very useful estate planning and elder law resources right here on this website. One of them is our estate planning worksheet that can be of great assistance when you start to develop your estate plan.
In addition to the information that we offer in writing, we go the extra mile to provide educational opportunities in other ways. Our estate planning attorneys hold seminars on an ongoing basis. They are absolutely free to attend, and you can obtain a great deal of very useful information if you sit in on one of the sessions.
Though they are offered on a complimentary basis, space is limited, so we do ask that you reserve your seat in advance. You can visit our seminar schedule page to obtain details and registration information.
Of course, if you would like to come in to the office to discuss your estate planning needs with one of our attorneys, our doors are always open. To request a consultation, send us a message or give us a call at 586-493-7661.