Wills And Probate Administration Type

Many different things can impact what the probate process will be like for a given estate. One is the type of probate administration that the estate will be subject to.

As FindLaw explains, here in Michigan, estates that are not classified as small estates will generally undergo one of the two types of probate administration. The two types are unsupervised administration and supervised administration. In unsupervised administration, the court takes a very hands-off approach and thus much is left primarily in the control of the personal representative of the estate. In this type of administration, the court's involvement in the probate process is generally limited to the beginning and the end of the proceedings. In supervised administration on the other hand, the court's role is a much more active one. In this administration type, the personal representative's actions are subject to required court review and approval.

One of the things that can influence which of these formal administration types an estate will be subject to are the terms of the will of the deceased.

Under Michigan law, wills can contain terms specifying whether an estate is to undergo supervised or unsupervised administration, and courts are generally to follow such terms.

Courts are allowed, however, to deviate from such terms under certain circumstances. When a will term specifies that an estate should be put into unsupervised administration, a court can instead order the estate into supervised administration if it finds that doing so is necessary to ensure that individuals with an interest in the estate are protected. When a will term directs an estate to go into supervised administration, a court can instead direct the estate to go into unsupervised administration if it finds that court supervision isn't needed and that there has been a circumstance change regarding the need for supervision since the will that contained the term was executed.

As one can see, what terms a will contains not only can direct how assets will be divided, but also can have major impacts on the overall probate process for a person's estate. Given the many different things will terms can impact, having your will have the right terms for the accomplishment of the goals of your estate plan is vital. Estate planning attorneys can help individuals draft wills tailored to their specific needs and wishes.

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