Probate court handles a great many family matters. This article deals with one of them. This is what do you do after the loss of a loved one. There are many things that need to be done and a lawyer can be of great help in matters both legal and practical. Most important, the lawyer needs to help when he can and stay out of the way when he can't. (That is probably good advice for attorneys under a number of circumstances which may or may not involve probate.)

The Probate Court's involvement usually only involves the listing and valuing of property, listing what is owed, payment of legitimate bills and distribution of the net estate to the heirs. If there is a will it needs to found and filed with the court. The objective then becomes to carry out the wishes of person who died.

This may involve more than just distributing the net estate. Guardianships and trusts may need to be put in action for children. In fact, trusts may involve adults, charities or other entities which the deceased (the person who died) determined should receive a portion of his estate.

Guardianships may be needed for children of the deceased. This can be difficult if the deceased was divorced or if the other parent has also died.

If there is a will, it will in all likelihood provide a designation of a personal representative. If it does not, or if the named personal representative declines to act, there is a method which Michigan Law provides to select that individual. That same method is used when a person dies without a will. (A personal representative used to be known as the executor.)

One of the first things one does is to ask the court to appoint a personal representative. That would probably be the spouse, child or the individual named in the will. In doing this we have to advise the court of all parties who have an interest in the estate, their addresses and notify them of the court proceedings. The court is also entitled to information which the lawyer and the personal representative provide. There are usually 7 or 8 documents necessary to be filed at the beginning of the court involvement.

Without getting too technical, there are two types of probate of decedent's estates that can be used. A choice needs to be made as to which one will be selected. There is a proceeding which is known as Formal and another which is known as Informal. Formal probate involves a great deal of court supervision. Informal probate allows the attorney and the personal representative the freedom to get the job done in an appropriate manner. For the most part they nee to inform the court that what is supposed to be done has been done. They have to inform the heirs and other interested parties what is happening in more detail than they have to inform the court.

The law states that the probate proceeding must take at least 5 months. One reason for this is hat it takes 4 months from the date of publishing the necessary legal notices to creditors and others before the court will be able to proceed to closing the estate. This is the law and the court's have no power to change the rule.

I would conclude this article with one other thought. After a father, mother, husband or wife dies, emotions may be heightened that would not be otherwise. Old grudges can arise if someone does not feel they are being fairly treated or if the proceeding takes longer than they think it should, thus delaying their inheritance. I try to be alert to this and do everything possible to minimize unnecessary additional pain. An estate, properly and quickly handled can do much to bring closure for everyone concerned.