Serving Notice

To begin with, you must let everyone involved in the estate know what is going on. The legal term for this is “serving notice”. Essentially all interested parties (people who may make a claim against the estate) must be notified that there is an estate open in the probate court and what assets are at stake. There are several ways to do this, the most common being to notify
the other parties through the mail. Although it sounds simple, the rules regarding this process are complicated and carry a significant downside if handled incorrectly.

Responsibilities of the Personal Representative

Below is a list of responsibilities assigned to a Personal Representative:

• Create an Inventory of assets
• Pay the fee associated with the Inventory
• Properly provide notice to known creditors and publish a notice to unknown creditors
• Pay the taxes and file the final tax return
• Contact Social Security (if receiving Social Security Benefits)
• Pay the bills of the estate and claims against the estate
• Distribute the remaining assets

There is an order of priority for who and what gets paid first in an estate. Different types of creditors have different priorities. Those with higher priorities get paid first. The court makes those determinations.

The Personal Representative must provide documentation on the following to all interested parties:

• The Notice of Appointment and Duties of Personal Representative
• Notice Regarding Attorney’s Fees
• Right to Spousal Election (if taken)
• Inventory
• Friend of the Court filings (if any)
• Account of Fiduciary
• The Sworn Statement to Close

An interested party is any person who has an interest in, property right in, or claim against the estate. It can include the decedent’s:

• Heir
• Devisee
• Creditor
• Beneficiary

How Do I Find a Probate Attorney Near Me?

              
 
Rutkowski Law Firm: Asset Protection & Estate Planning has an excellent record of representing individuals in the probate court throughout Michigan.
 
Because we conduct all our meetings online, we can assist clients who live anywhere. Take the next step to protecting everyone you love and everything you own through thoughtful planning. Call us today at (248) 792-9193, or fill out our online form to schedule a virtual consultation.
 
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.