Do I open a probate case if there is no will?
When a person dies without a will it is called dying intestate. If that person has any assets that do not automatically pass outside of probate, they will be divided according to Michigan intestacy laws through the probate court.
Michigan has its own process for determining the succession of how the assets are distributed. This distribution will depend on many factors. If the deceased was married and had no children or surviving parents, the surviving spouse may get the entire estate. However, if there are children, they may get a portion of the estate depending on the amount of the estate. Other factors will determine distribution as well, such as whether the children were born from the marriage or whether the parents of the deceased are still alive.
The probate process is extensive and there are many documents to file. It is helpful to have an attorney who can walk you through the process. Give our office a call at (734) 821-7411.