Legal Question in Wills and Trusts in Michigan
Next step in Probate Process
My father passed away last August. In early October we (the children) received the 1st mailings in the probate process (copy of will, appointment of executor, etc.). I believe that this is pretty standard. I was told that the next step would be that within 90 days of some event (can't remember the event) we would receive a listing/breakdown of everything in the estate, followed by the next step which I believe is the accounting breakdown (what was paid out). We've yet to receive the 2nd mailing (what's in the estate). Is the law 90 days from the date that the executor signs the appointment form? It's been more than 90 days from this date, and more than 90 days since we recieved the first mailing. Should we contact the executor's lawyer? Everything was straight forward and lined up by my father. Why might it be taking so long? Thanks.
3 Answers from Attorneys
Re: Next step in Probate Process
Correction: I must have answered your queston too late at night. I told you that there is no time limit to serve the inventory on the heirs. That is NOT true. They must also be served within the 91 days.
Re: Next step in Probate Process
The Personal Representative must present the Inventory to the Court within 91 days of his/her appointment. The Personal Representative must send a copy to all heirs who will receive assets under the decedent's Will. The Personal Representative must also send a copy of the Inventory to all heirs who request it. If the 91 days have passed, you should contact the Executor's lawyers to request a copy of the Inventory. With regards to an accounting, the Personal Representative must account at least annually to each beneficiary of the Estate. If you are unsuccessful in your attempts to obtain the above information and require further assistance, feel free to contact our firm as we handle matters like this on a regular basis.
Re: Next step in Probate Process
Hello, I have received a copy of your posting. Probate matters are one of this firm's areas of concentration. The Personal Representative has 91 days to file the inventory, although there is no deadline for filing copies with interested parties. An accounting is prepared only when the estate is administered under supervised or formal probate procedures. Interested parties who are not otherwise represented by an attorney can contact the attorney handling the estate for information, or in a case such as yours, contact your step-mother. If you need further information, feel free to contact my associate, Karen Crusse. Good luck, John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)
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