Navigating the probate process begins with an initial consultation. To maximize the value of your first meeting with a probate attorney, compiling a thorough document package beforehand is crucial. Under Michigan’s Estates and Protected Individuals Code (EPIC), statutory administration requires clear documentation regarding the decedent, their assets, and potential beneficiaries.
Document Checklist
- Vital Statistics & Identifying Documentation
- Certified Death Certificate: The probate court requires official proof of death before opening an estate. If you don’t have one, the county clerk can get you one.
- Social Security Number and Last Known Address: Necessary for court filings and tax verification. Should be on the death certificate.
- Estate Planning Documents
- Original Last Will and Testament and Codicils: If the decedent executed a will, bring the physical original. It becomes a slightly different process if its not the original will, but even a copy is better than no will at all. Some people store their will at the local probate court, so if you can find it, its worth asking there.
- Trust Agreements: If a revocable or irrevocable trust exists, bring the complete document set, including amendments. If your loved one went through the process of getting a trust, more than likely they will have all their estate planning documents in one place.
- Financial Records & Asset Information
- Real Estate Deeds: Property deeds, tax statements, and mortgage records for any land or real estate owned in Michigan or other jurisdictions. You can ‘get by’ if you don’t have these things, but it makes for a lot more work on the part of your probate attorney.
- Bank Statements: Recent statements for checking, savings, or certificate of deposit (CD) accounts. The date of death controls. When submitting an inventory, the court is looking for the bank statement closest to the date of death.
- Investment & Retirement Accounts: Statements for stocks, bonds, IRAs, and 401(k) accounts.
- Vehicle Titles: Ownership titles for automobiles, watercraft, or trailers.
- Debts & Liabilities
- Mortgages, personal loans, credit card balances, medical bills, and funeral/burial expense statements. Again, with mortgages, the date of death controls. Get a statement closest to the date of death. Also, have a good idea, if you can, what’s going on with the property. Is it in foreclosure?
- Beneficiary & Heir Information
- Full names, current mailing addresses, and phone numbers of all individuals named in the will, as well as legal heirs under Michigan intestate succession law (MCL 700.2103).
All of this will help your probate attorney start the process off smoothly and efficiently. And come armed with any questions you might have. Typically a hypothetical question doesn’t really help things too much, though. As an attorney, you could answer ‘what if’ questions all day, and its likely that none of those hypotheticals arrive.
Probate is a process, and honestly, not a quick process, usually. Hope to hear from you if you are in need of a probate attorney!
