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Unsupervised estate

Lansing, MI |
Filed under: Probate Probate court

In a unspervised estate is opened as a testate (With Will) is there any form of hearing for the estate?

Attorney Answers 4

Posted

It depends on the specific circumanstances of the case, but generally, an unsupervised estate can be administered without any hearings.

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4 comments

Asker

Posted

Is it a MUST in a unsupervised estate that a testimony of parties, proof of service and a supplemental testimony (if a trust is present) , proof of service and Inventory is a MUST to file with the probate court under a unsupervised estate.

Julie Aletta Paquette

Julie Aletta Paquette

Posted

Yes, those items must be filed with the following exceptions: The court will not necessarily require a proof of service, and if the trust is named in the will, then yes, the supplemental testimony must be included. The Inventory does not have to be filed upon opening the estate.

Asker

Posted

But an inventory must be filed!

James P. Frederick

James P. Frederick

Posted

An inventory does not need to be filed. It needs to be presented to the court so the value can be verified in order to calculate the inventory fee. The inventory does not need to be filed, however.

Posted

Typically, an unsupervised estate can be opened without a hearing, however, there are circumstances that may cause a court to have a hearing. Maybe the most common reason is if an interested party has an objection.

Please let me know if you would like to discuss in more detail.

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Posted

As you can see from the other answers, a court will generally only hold a hearing if there is a dispute.

I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.

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Posted

I agree with my colleagues. I would simply add that an unsupervised informal proceeding can be converted to a formal or supervised proceeding, at any time, at the discretion of the court, upon request of the parties.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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