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Does a will have to be filed in the State of Michigan if the

 
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Customer Question

Does a will have to be filed in the State of Michigan if the deceased, who died in Michigan and had a valid will left an estate of under $200,000?

 

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State/Country relating to question: Michigan

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Finding the information on line.

Submitted: 310 days and 17 hours ago.
Category: Estate Law
Value: $38
Status: CLOSED
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Expert:  DamienBosco replied 310 days and 16 hours ago.

Welcome. This site allows for a general response that will help you with your legal issue. If necessary, for specific advice contact a local attorney. This is an information request. Was the decedent domiciled in Michigan at the time of death. In other words, was the decedent permanently living in Michigan at the time of death?

Customer replied 310 days and 16 hours ago.

Yes, the person resided in Michigan at the time of her death and died in Michigan.

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Expert:  DamienBosco replied 310 days and 16 hours ago.

Hi Ed: I am happy to help. If you need clarification, please hit reply and ask a follow up question prior to providing a rating. Your question is a good one. Many people have a similar question with regard to whether there is a need to probate a Will. It would be unnecessary to probate a Will if there are only personal belongings of low value that would pass by operation of law to a spouse for example or the property is considered exempt property. See MI Probate Code section 70.2401-2405. For example,Sec. 2404 states that

(1) The decedent's surviving spouse is also entitled to household furniture, automobiles, furnishings, appliances, and personal effects from the estate up to a value not to exceed $10,000.00 more than the amount of any security interests to which the property is subject. If there is no surviving spouse, the decedent's children are entitled jointly to the same value.


Also Ed, it would be unnecessary to probate a Will if the decedent had no separate assets and the decedent owned all assets jointly with another individual and the spouse received the proper share pursuant to statute.

When an estate has value and the decedent owned separate property, then the personal representative (the executor named in the Will) must probate the Will. The policy reason is to carry out the intentions of the decedent.

If you need further clarification, hit reply and let me know prior to providing a rating. Otherwise, please provide a positive rating so I receive credit for the services I am providing you. Thank you, Damien

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Expert:  DamienBosco replied 310 days and 15 hours ago.

Hi Ed: I see that you were able to review my answer. Do you need any further information? If so, hit reply and let me know. I am happy to help. Otherwise, please provide a positive rating now so I can get credit for the services provided to you. Otherwise I receive no credit at all. Thank you, Damien

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Expert:  DamienBosco replied 303 days and 9 hours ago.

Hello Ed: I have not heard from you in awhile. The information I provided to you is informative and helpful. If you need clarification, please hit reply and ask a follow up question. I would be happy to continue to work with you. Otherwise, please provide a positive rating without any additional cost to you so I can get credit for my services. I receive absolutely no credit for helping you unless you provide a positive rating. I am sure you understand. Much appreciated, Damien

 
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