If there is controversy in an estate, commencing a probate proceeding will provide a forum to resolve the controversy. This is a situation where one may not want to avoid probate.
Opening probate when there is controversy will also provide a forum to the other side. For example, all creditors’ claims are dismissed after two years under the probate act. By opening an estate, the period is shortened to six months, but the creditor is also provided a forum to file his claim. If no estate is opened, it is harder for the creditor to file his claim.
Contact an estate planning law firm for further information.