What is "Probate" when someone passes away?
When someone passes away, the procedure known as Probate can be most simply described as a means of transferring title to property. Once a person dies, that person is no longer able to transfer title to property they own. Probate is a procedure for transferring title to the decedent's property to the persons entitled to it.
Only property titled in the decedent's name is a part of the decedent's probate estate and subject to probate. If an asset is owned jointly and titled in a way that allows the asset to become owned by the survivor after the other owner dies, that asset will not be part of estate of the owner who died. It will be owned by the survivor. For example, the beneficiary of an insurance policy receives the proceeds without those proceeds being subject to probate because ownership is determined by the insurance contract.
Decedent Estates
Opening a Decedent Estate
- General Information & Forms for Opening a Decedent's Estate
- PC574 - Notice to Creditors Decedent's Estates
- PC562 - Notice of Hearing
Inventory
- Inventory Instructions - Preparing an Inventory
- PC577 - Inventory (Decedent Estate)
Sale of Property from Decedent Estate
- PC681 - Petition for Approval of Sale of Real Estate (Decedent Estate)
- PC682A - Macomb Proposed Order Approving Sale
- Checklist - Petition for Approval of Real Property Sale: Checklist for Petitioner
Small Estates
- Instructions - Instructions for Small Estates
- PC556 - Petition and Order for Assignment
- MC97 - Protected Personal Identifying Information
- PC556A - Petition and Order for Discovery