Probate & Trust Administration Attorneys in Ann Arbor, Michigan

Settling a loved one’s estate is a significant responsibility. Done well, it honors the person who has passed, provides clarity for the people they left behind, and carries out their wishes in a way that reflects the care they put into planning. Michigan law provides the framework for that process, but working through it well requires more than procedural compliance. It requires judgment, clear communication, and careful attention to the interests of everyone involved.

Conlin, McKenney & Philbrick, P.C. guides personal representatives, trustees, beneficiaries, and heirs through every stage of probate and trust administration. We take the time to help fiduciaries understand their responsibilities, make sound decisions, and carry out their duties in a way that is thorough, efficient, and considerate of the family as a whole.

How Assets Pass at Death

One of the first things a fiduciary should understand is that a will or trust is only part of the estate planning picture. The manner in which assets are titled, owned, and designated often determines how they pass at death, and those arrangements may operate independently of the provisions contained in a will or trust.

Joint Ownership.

Joint ownership is a common ownership structure for a spouse or partner. With this ownership structure, the surviving owner becomes the sole owner automatically upon the death of the first, without any probate involvement. Jointly held real estate, bank accounts, and brokerage accounts are common examples.

Joint ownership can serve a useful purpose in the right circumstances, but it is not a substitute for careful planning. Adding another person as a joint owner exposes the asset to that person’s creditors, divorce proceedings, and other financial obligations. It may also eliminate planning opportunities that would otherwise be available, including a full step-up in cost basis at death. Perhaps most importantly, joint ownership can redirect assets in ways the owner never intended by passing property automatically to a surviving owner regardless of what a will or trust provides.

For those reasons, decisions about how assets are titled deserve the same careful attention as the estate plan itself.

Beneficiary Designations.

Many assets, including checking and savings accounts, brokerage accounts, retirement accounts, life insurance policies, and annuities, pass by beneficiary designation rather than through a will or trust. Transfer-on-death (TOD) and payable-on-death (POD) designations are powerful because they typically allow assets to transfer directly to the named beneficiary without probate. They are also one of the most common sources of unintended consequences in estate administration.

A beneficiary designation controls the disposition of the asset regardless of what a will or trust may say. An outdated designation naming a former spouse, a beneficiary who has since died, or simply one that no longer reflects the family’s circumstances can undermine an otherwise carefully drafted estate plan. Regular review and coordination of beneficiary designations is an essential part of keeping a plan on track.

Revocable Trusts and Trust Funding.

Many families use a revocable trust as the foundation of their estate plan. A well-drafted trust can provide continuity of management during incapacity, avoid probate at death, and allow for a more efficient and private administration. But creating the trust is only the first step.

Assets must also be properly transferred into the trust, a process known as trust funding. Real estate, bank accounts, investment accounts, and business interests often require additional documentation to change ownership to the trust. An unfunded trust frequently creates the very problems it was designed to solve because assets that remain outside the trust may require probate administration, and they may not be administered in the way the grantor intended. The trust document and the trust funding work together. Both deserve the same level of care.

Probate Assets.

Assets that do not pass through joint ownership, beneficiary designation, or a trust will typically pass through the probate estate and are subject to the estate administration process. Whether that is a simple path or a more complex one depends on the nature of the assets, the family’s circumstances, and the overall structure of the estate plan.

The Importance of Coordination.

The most effective estate plans and the most efficient administrations are ones where these different methods of transfer have been reviewed together and designed to work toward the same goals. A will or trust may provide the roadmap, but how assets are titled and designated often determines whether that roadmap is followed. Helping fiduciaries and families understand that full picture is one of the most important things we do, both in planning and in administration.

Trust Administration After the Grantor’s Death

When the person who created a revocable trust dies, the trust becomes irrevocable and the successor trustee steps into a role that is often unfamiliar, even for capable and conscientious people. Unlike probate, trust administration occurs outside the court system, but it carries its own legal obligations and requires careful attention to the interests of every beneficiary.

A successor trustee is responsible for notifying beneficiaries, providing relevant trust terms, locating and inventorying trust assets, obtaining date-of-death valuations, and managing property prudently under Michigan law. Distributions must follow the trust’s terms, and the trustee owes duties of loyalty, impartiality, and transparency to every beneficiary throughout the process. We help successor trustees understand those obligations clearly, so they can carry them out with confidence in a way that serves everyone involved.

For many of our trust administration clients, the relationship matters as much as the legal knowledge we bring to it. In many cases, we have worked with the family for years, sometimes decades, helping them build and refine their estate plan over time. When a successor trustee comes to us for guidance, we often already understand the grantor’s intent, the family’s circumstances, and the goals the trust was designed to accomplish. That continuity allows us to provide guidance that is grounded in the full picture, not just the document in front of us. When administration involves real estate transfers, tax filings, or business succession issues, we draw on the full resources of the firm, because families who have planned carefully deserve advice that is just as coordinated when the time comes to carry it out.

How Probate Works in Michigan

Michigan’s Estates and Protected Individuals Code (EPIC) governs probate administration and provides several procedural paths depending on the size and complexity of the estate. For most families, the process is entirely unfamiliar. Understanding which path applies, what it requires, and what to expect along the way is one of the first things we help clients work through.

Most uncontested estates proceed through informal probate. The process involves less court oversight and moves efficiently, but it still requires careful compliance with notice, inventory, and accounting obligations under Michigan law. Dealing with the death of a family member while also managing the practical demands of an estate is a great deal to ask of anyone, and having an experienced attorney manage the process can make all the difference.

Formal probate involves direct judicial oversight and is required when disputes arise over a will’s validity, the appointment of a personal representative, or the competing claims of creditors and beneficiaries. It is a more structured process, with the probate court involved at multiple stages of the administration. When a matter reaches formal probate, clear communication and careful management of the process become even more important, both for meeting the court’s requirements and for helping families navigate a more difficult set of circumstances.

Michigan also provides simplified procedures for smaller estates, allowing families to either petition the court for a streamlined distribution or, in some cases, collect personal property without any court involvement at all.

We advise clients on which path fits their situation and manage the filings, notices, and court appearances that keep the administration moving forward. Our goal is not simply to complete the process, but to help families get through it in a way that is clear, orderly, and as simple as circumstances allow.

Duties of the Personal Representative

In a probate estate, the personal representative is the person the court authorizes to settle the decedent’s affairs. It is a role most people have never held before, and knowing what to expect matters.

As a fiduciary under Michigan law, a personal representative is entrusted with settling the estate efficiently and in the best interests of everyone it affects. In practice, that means managing a set of concrete responsibilities such as:

• Locating and securing all estate assets, from bank accounts and investment portfolios to real property and business interests;
• Filing an inventory with the probate court;
• Notifying creditors and managing the creditor claim period before distributions can be made;
• Paying valid debts, filing the decedent’s final income tax returns, and addressing any federal estate tax obligations; and
• Keeping beneficiaries informed with regular accountings throughout the process.

Personal representatives who try to navigate the process without guidance sometimes find themselves personally liable for mistakes that could have been avoided. We guide personal representatives through each stage of the process, from the initial court appointment through final accounting and estate closing, helping them understand what is required and carry out their duties with confidence.

Probate and Trust Litigation

Even well-planned estates can encounter disagreement for a variety of reasons. Families are complicated, grief affects people differently, and what looks like a dispute from the outside is often the product of circumstances no one anticipated. A beneficiary may question the validity of a will. Co-trustees may reach an impasse over distributions. A creditor may file a claim the personal representative believes is without merit.

When disputes arise, having counsel who already understands the full context of the situation makes a meaningful difference. We know the estate, the family, and the history. That familiarity allows us to assess the situation clearly, provide candid guidance about the realistic path forward, and where possible, help families find resolution without the expense and disruption of prolonged litigation. When a matter does require more formal proceedings, our litigation attorneys are prepared to represent clients through every stage, from early negotiation to depositions, evidentiary hearings, and trial, without the complexity of bringing in outside counsel.

When It Matters Most

Probate and trust administration bring families to us at some of the most difficult moments in their lives. The legal work matters, but so do the relationships, the history, and the sense of responsibility that most families feel when settling a loved one’s affairs. For nearly nine decades, Conlin, McKenney & Philbrick, P.C. has guided families in Ann Arbor, Washtenaw County, and Southeast Michigan through that process with the care and clarity it deserves.

The families we work with come to us under a wide range of circumstances. Some are settling a simple estate for a parent who planned carefully. Others are navigating a more complex administration involving a family business, real estate holdings, or assets spread across multiple states. Some are dealing with disagreements among family members that require patience and skill to resolve. Whatever the circumstances, our approach remains the same: take the time to understand the situation fully, provide clear and candid guidance, and help families move through the process in a way that honors the person who has passed and serves the people they left behind.

Many of our administration clients are families we have known for years, sometimes decades, through our estate planning work. That continuity matters. When we already understand a family’s history, their relationships, and the intentions behind their plan, we are better positioned to carry out that plan with care when the time comes.

One Conversation Leads to Another

Settling an estate often prompts families to think carefully about their own planning. Serving as a personal representative or trustee gives people a firsthand understanding of what the process involves, and what careful planning can do to make it easier for the people they love.

If you are navigating an administration and have not yet put your own estate plan in place, or if your existing plan has not been reviewed in several years, we welcome the conversation. The same attorneys who guide families through administration also help them build plans designed to make that process as clear and simple as possible when the time comes.