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A personal representative is under a duty to settle and distribute the decedents estate in accordance with the terms of a probated and effective will and this act, and as expeditiously and efficiently as is consistent with the best interests of the estate.
Definition of a personal representative If the person who has died left a valid will: The person named on the grant of Probate (or Letters of Administration with will annexed) or. If Probate was not granted to the will, the executor named in the will, or.
A home that is included in the estate and passes through probate cannot be sold before probate. Prior to a probate pre-petition and an executor being appointed, nobody has a legal right to sell the property. Before probate, you cant do anything with the property other than maintaining it.
Who can be a Personal Representative? A person named in the decedents will as personal representative. A surviving spouse if he or she is beneficiary under the will. Other beneficiaries under the will. The surviving spouse if he or she is not a beneficiary under the will. Other heirs of the decedent.
How Do You Close A Decedents Estate In Michigan? SWORN STATEMENT. PETITION FOR COMPLETE ESTATE SETTLEMENT WITH TESTACY PREVIOUSLY ADJUDICATED (MCL 700.3952) PETITION FOR ADJUDICATION OF TESTACY AND COMPLETE ESTATE SETTLEMENT (MCL 700.3953) CLOSING AN ESTATE THAT WAS REOPENED. AN ATTORNEY CAN HELP YOU CLOSE AN ESTATE.
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To close the estate you must file a specific document with the court that says you finished administering the estate and did what you were required to do as the personal representative. You may also need to get receipts from the estate beneficiaries and make a final accounting.
The time for probate to be finished and closed will vary based on the size and complexity of the estate. Probate cannot be completed in less than five months since creditors are given four months to file a claim against the estate.
In the best of circumstances, when everything goes smoothly, the probate process takes at least seven months to complete. A delay due to the nature of the estate or other issues can extend that time by months or even years, depending on what causes the delay.
(4) A personal representative appointed by a court of the decedents domicile has priority over all other persons except if the decedents will nominates different persons to be personal representatives in this state and in the state of domicile.
Who Can Serve As A Personal Representative? An individual appointed as Personal Representative in the decedents Will. The surviving spouse, if the spouse is a beneficiary under the Will. Other beneficiaries of the Will. The surviving spouse if he or she is not a beneficiary under the Will. Other heirs of the decedent.

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