What You Can Do Without Probate

If you do not need to open a probate estate to administer the affairs of the decedent, here is what you can do:

• File claims for payment of life insurance to the designated beneficiary.
• File applications to roll-over retirement accounts to the designated beneficiary (or cash them out if applicable).
• File the death certificate with the county register of deeds (for the county the house is located in) in order to change the joint ownership of the property to sole ownership by the surviving owner.
• Take the title to vehicles along with the death certificate to the Secretary of State's office in order to transfer the title to the spouse or child.
• Present the death certificate to banks to have the decedent's name removed from a joint bank account into the surviving owner's name only.
• Sell, distribute or keep personal property in the home belonging to the decedent according to the Will (and if no Will exists then as agreed to by the spouse or children, or surviving heirs).

*Remember, just because the decedent left a Will does not mean that the estate has to go to the probate court. However, the individual named as Personal Representative or Executor of the Will should distribute the decedent's property as set forth in the Will.