Mother, resident of Macomb County, whose husband is deceased, just died of natural causes, no will. There are two adult children who are in agreement as to everything. We want to pay for a funeral, and split up whatever is left. We will need access to her bank account, hopefully as quickly as possible. There is also real estate involved. What forms should we use, where should we file them, and how quickly can we get this accomplished? Will we have to appear in court? Also, are there filing fees and other costs involved? If we hired a lawyer how much is that likely to cost?
Probate will be necessary. There are some "how to" pamphlets that you can find at some of the probate court websites. Oakland County has some pretty good ones. You will not need to appear in court if you do it properly. It is a six month process, provided the house can be sold quickly. Most lawyers charge on either a flat fee basis or an hourly basis for probate. Most do not charge for an initial consultation. That will give the lawyer a better idea what is involved in your situation and you can ask any questions you may have before deciding whether or not to retain the lawyer.
It is not impossible to do on your own, but it can be very frustrating to try. In most cases, it is not as expensive to use an attorney as people expect.
James Frederick
I agree with Messrs. Frederick and Brennan. You must open a probate estate and, by the time you have finished notifying creditors and doing the other things required by the court roughly 6 months will have elapsed, assuming the house sells quickly.
Although probate court clerks can sometimes be helpful when it comes to the forms (Oakland County comes to mind) are less so (Wayne County comes to mind). Since your mother was a resident of Macomb County, that is the probate court with the proper jurisdiction.
This will go more quickly and easily if you have a lawyer, since the lawyer will usually get it right the first time. You may want to interview two or three probate lawyers so as to find the best match. This will also give you an opportunity to discuss legal fees.
I'm sorry for your loss and wish you all the best.
