In Grosse Pointe, Michigan, probate is the process in which a court validates or voids a will.

As part of this procedure, the court in Grosse Pointe, Michigan has many important responsibilities. Most importantly, it has to decide if the will is valid, and consider evidence that it is not (if any such evidence exists). The probate court then has to ensure that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.

Normally, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Grosse Pointe, Michigan will appoint an administrator to serve the role as the executor. This is normally the closest adult relative of the decedent, or the person who stands to inherit the most.

The executor is the person responsible for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest reason to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Grosse Pointe, Michigan

The executor has many duties concerning the will. First, they have to really initiate the probate proceedings, which must be completed before the will is effectuated.

They further are required to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a death certificate.

There may be many people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them hard to find, but they need to be found, nonetheless. To that end, the executor is obligated to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Additionally, they have to make known all of the decedent's major assets and debts.

Additionally, the executor is obligated to take a leading role in showing the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.

How Can A Grosse Pointe, Michigan Lawyer Help?

Because of the intricacies involved in probate, it would be smart to hire a brilliant Grosse Pointe, Michigan probate lawyer, especially if you are the executor of an estate and unsure how to proceed.