Mount Enterprise, TX Estate Planning Law Firms & Lawyers

Good questions. I suggest asking the court directly, or checking the court's website for such information. The court clerks should be able to help you. They probably will forward some instructions to you, which may even include a booklet of duties and generally asked questions. As to the fee, that depends upon the state. Some have statutory limits, for others it is some "reasonable compensation" standard that the judge determines. I suggest asking the court clerks this questions too. In general it depends upon the work performed and the general costs to have such work done. For example, accounting or legal work would entail higher fees than merely administrative or secretarial work. Best course of action is to keep track of all your time, what you did, and all costs (with receipts) for reimbursement.

No, probate is not automatic. Venue is appropriate in the state where the decedent was domiciled at the time of death. There can be issues in determining which state that is. Once that has been clarified, an interested party files an application or petition for probate. If your father died in another state and there are no assets there, you can open probate in Michigan, in the county where there are assets. If he was married, the wife would have priority for appointment as personal representative. Feel free to visit my website. I have a detailed description of the probate process posted there. I am very sorry for your loss.

Heirs are not responsible for paying a decedent's debts. Hopefully the life insurance is payable to one of you, not to his estate. In the latter case, the $ coming into his estate would be available to pay creditors before it got to you guys.