What do I need to prove executorship?

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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

Answers:

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

Answered 9 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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