What do I need to prove executorship?

My mother passed away without a will. I am the only child. She was divorce over 35 years ago. She had no estate no home or car.

Asked on June 24, 2012 under Estate Planning, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  I am unclear why you need to file a probate proceeding here.  Are there bank accounts you need access to?  You say that there is not estate.  Michigan has a small estate proceeding (a few types in fact) that permit you to file a probate in a simpler way when the estate is not large.  Generally when you are an only child the courts will ask that you provide an Affidavit of Heirship which is a sworn statement by some one who knows you and your family (but some times not a relative) and who states that you are the only child of the decedent.  I will give you a link to the state bar site.  It may be helpful.  Good luck. www.michbar.org/probate/pdfs/probateadmin.pdf

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