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Is probate a bad thing?

After a loved one dies in Michigan, his or her estate goes into probate. Probate, according to the Nerdwallet, is the process of legally recognizing the validity of a will and distributing the property according to the wishes of the deceased. If there is not will, this process can help with ensuring assets are properly distributed and any other issues are cleared up. Probate can be quick or it can take time.

In most cases, probate is not a long process. As long as there is nobody contesting the will and it can easily be deemed valid, the court is minimally involved. Sometimes the process is streamlined for simple estates so it moves along very fast. It may not even be required for an estate to go through probate. For example, if your husband dies and leaves everything to you, then probate may not be required because state law already says that you get all assets of your husbands.

Regardless, if your loved one's estate goes to probate, there is usually little to worry about it. The process will probably go smoothly with little issue. It will not drag on in most cases. The only time there is concern about that is when someone contests the will, which is a difficult process on its own, or if the estate is large and complex.

Much of the probate process is in regards to tax liability. The government wants to be sure that all taxes are paid before anyone else gets assets, especially is the estate is worth a lot and taxes due are high. This information is for education and is not legal advice.

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