The Impact Of Wills On Probate Proceedings: Intestate Succession And Creditor Notifications
In this article, you can discover:
- How the presence or absence of a will impacts probate processes.
- The role of intestate succession in estates without a will.
- The procedure for notifying creditors about a deceased person’s estate.
Does The Presence Or Absence Of A Valid Will Affect Probate Proceedings?
Yes, the presence of a valid will significantly influences probate proceedings. It dictates that the probate court must adhere closely to the will’s terms. Conversely, in the absence of a will, the court employs the rules of intestate succession, which diverge from any personal wishes expressed in a will. Intestate succession involves distributing your estate to relatives in predetermined percentages.
For those wishing to disinherit someone or bestow gifts upon non-family members, having a will is essential to ensure that these intentions are respected, as intestate succession does not accommodate such specific wishes.
How Do I Notify Creditors Of A Deceased Person’s Estate, And What Are The Legal Requirements For Publishing A Notice Of Creditors?
The process for notifying potential creditors of a deceased person’s estate is outlined in the Estates and Protected Individuals Code, specifically MCL700.3801. The personal representative, either the executor named in the will or someone appointed by the court, is responsible for publishing a notice to creditors. This notice must be issued within four months and sent directly to any known creditors at the time of publication.
Failure by a creditor to respond and register their claim with the probate court within a set timeframe results in forfeiture of their right to claim from the estate. This notice is a safeguard, protecting the estate from late creditor claims that might arise years later. Importantly, in most instances, the decedent’s debts are extinguished upon death, barring any claims against the estate.