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A Word About
Michigan Probate Law

When Heirs To Real Estate Need To Probate

What happens when a loved one dies without making final provisions to convey the family home? When a parent dies without a will or proper deed, then a home cannot be legally sold, refinanced or owned by anyone other than the decedent’s estate.

At some point heirs will be compelled to file a probate action in order to legally dispose or distribute the family home. This usually happens when a family member is living in the home and soon finds that they can’t get a mortgage or sell the property. Or even worse, when there is a mortgage on the home, and the lender learns of the death, the mortgage lender will call the house note due.

Probate can be a frustrating experience, especially when heirs learn that they must probate an estate right when they are trying to transfer real estate.

Within certain legal limits, a Personal Representative has the authority to perform administrative duties on behalf of the estate and estate’s beneficiaries. They notify those who are entitled to part of the estate’s property, deal with the estate’s finances, which includes the management of real estate. With court approval, a personal representative cannot sell or refinance real estate.

There are several ways to obtain approval to administer an estate in the probate court. Depending on the circumstances, an heir may be able to use a simplified process where the is minimal probate court involvement. When choosing the ‘simplified” route, there are two avenues to take: Informal unsupervised administration or formal unsupervised administration.

An informal administration’s purpose is to appoint the personal representative named in the will or if no one was named, to appoint a personal representative that is agreed to by the heirs.

A formal administration occurs when either no will exists to name a Personal Representative, or there is a dispute as to who should serve as personal representative of the estate.It is important to begin the probate process because without an approved personal representative, the property in an estate cannot be transferred or mortgaged by the heirs.


Former Big Bank “Insider

Since 1990, David has protected the legal and business  interests of large national lenders, investors, property owners, and real estate firms.  He knows the “business” of real estate like few others.

Over 25+ Years of Experience

David doesn’t just “talk the talk.” He “walks the talk” having years of practical experience resolving complex real estate issues.
A large part of resolving issues is knowing where and who to go to. Over the years, David has cultivated an extensive and effective  network of real estate and lending colleagues – that get results.

Peer and Client Rated

David has earned some of the highest peer ratings from the most reputable professional  legal rating services in the industry. More importantly, the accolades come in every month from happy clients  (and happy clients matter most!)

Affordable & Responsive

David has a solid reputation for no-nonsense problem solving and for offering innovative and effective  legal and business solutions that reduce one’s financial risks and legal exposure. In short, David saves his clients money and heart ache.


  • "Sharp, straight-forward strategist who represented my uncle and I in the highest form of professionalism and authenticity. His kindness, attention to detail, and persistence in all aspects, embody his genuine character and passion for success."

    Brandon B.
  • "David is very informative and consistently answered my inquiries professionally and in a timely manner. I am very pleased to have had David on my side and highly recommend him."

    Hussein S.
  • "David Soble always responded in a timely manner and followed thru even when things got difficult and got it done."

    Connie T.
  • "David is really prudent, friendly and dedicated to the well being of his clients."

    Augustine A.
  • "David took the time to listen to the issue and had a comprehensive view to what options were the best for my situation."

    John L.
  • "David did an outstanding job of resolving my case very quickly and without having to go to court. From the initial phone call, he was very friendly, professional and has a great sense of humor. He handled my case with a sense of urgency, kept me updated along the way and responded very quickly whenever I e-mailed him with a question or update. After our initial consultation, I felt very confident that my case would be resolved quickly. Thanks again for your help David!"

    Rob K.
  • "David helped me me get the house i wanted. I would like to thank you for that."

    Darrell M.
  • "Our HOA retained David’s services to help unwind a complicated deed transfer. It involved coordination between the most recent lot owner, a bankrupt developer, a credit union, a title company and our HOA. It still makes my head spin thinking about the process, but David removed a lot of stress after an initial consultation and stayed diligent through it all. Even though it wasn’t cheap, he saved us a lot of money by avoiding litigation. Thanks David!"

    Ken M.
  • "David has good understanding of the and was very helpful with the services we needed. He kept us advised of what was going in the process and look forward to working with him in the future."

    Carlos C.
  • "I would like to take this opportunity to thank Mr.David Soble and his staff for the excellent professionalism and service that was provided to me and my wife. We have been dealing with legal matters pertaining a franchise. After meeting Mr.Soble and his team for the very first time and discussing my legal issues he assured me everything will be ok and he delivered on that promise for me and my family. I recommend Mr.Soble and his team for Amy legal matters. THANK YOU! THANK YOU!"

    Sam A.
  • "Helped my family successfully navigate a home foreclosure on short notice, thanks!"

    Keith T.
  • "David is very professional and helpful--he made himself very available to me and quickly helped me sift through complex legal language in a contract to get to what really matters. Thanks David!"

    Grant D.
  • "I appreciate how fast David was in responding to questions that I had and situations as they arose. Also, he has a great knowledge of the field that he is in and can help you to make hard decisions that you would not be able to or willing to do on your own. Thank you again!"

    Mark C.
  • "David is an extremely competent, experienced and effective attorney. What’s more, he brings to the table a network of supporting attorneys who depending on your specific situation will form a formidable team to represent you. In our case the results were more than we expected. Not only did we benefit from the team’s legal and negotiating expertise but we received moral support through a very difficult time in our lives. We highly recommend Proven Resource."

    Andrew K.
  • "David is a good acquaintance for many years. More power and success to him and his business."

    Omar A.
  • "David was there when I didn’t know where to go. He made a very low time in my life much better. I felt very supported by him and his company. I will recommend him to everyone. Thank You David Soble. I feel we are friends for life. Thanks again, Sandy Cross"

    Sandy C.
  • "David has handled a number of legal matters for me he is knowledgeable of the laws, He can be tough when necessary but he is reasonable and understands both sides of the story (this is important to a successful resolution) .He makes himself available with concerns,He also has an excellent reputation with other attorneys , Judges, and court personnel. Something I thought would never come out of my mouth he is an honest Attorney and a genuinely nice guy. He gets my highest recommendation."

    Adam G.
  • "David has been very helpful before, during, and after my matter was resolved. He has always been responsive to my requests and handled the matter on a very tight timeline."

  • "It seemed like my problem was menial compared to the other cases and it felt like I was brushed aside and not given the same attention. I provided a lot of the paper work and information and the one piece of paper I needed I had to push to get."

    Janice H.
  • "As a first-time home buyer, Mr. Soble helped to ease my experience. My situation was a complicated one, and even after I closed there were still some unresolved issues from the closing and mortgage company that Mr. Soble helped with. I appreciate him and will recommend him to anyone."

    Melissa B.


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