Family & Personal Law Featured

Why Probate Law Matters — And What the Michael Jackson Estate Can Teach Us

Written by James McGrath

When a loved one passes away, most families expect the legal process to be simple: file the will, pay a few bills, and divide what’s left. But as the ongoing saga of Michael Jackson’s probate case shows, even the most sophisticated estate plans can turn into drawn-out legal marathons. More than fifteen years after the singer’s death, his estate remains open in Los Angeles County probate court — a striking reminder that probate law isn’t just about paperwork, but about power, oversight, and legacy.


What Probate Really Is

Probate is the legal process that proves a will’s validity, appoints an executor, pays debts and taxes, and distributes assets. According to Cornell Law School’s Legal Information Institute, it ensures that the decedent’s wishes are carried out under judicial supervision.

The steps are straightforward on paper: filing a petition, notifying heirs and creditors, valuing assets, paying obligations, and obtaining court approval for final distributions. FindLaw’s probate overview notes that it can take months or years depending on the complexity of the estate. The American Bar Association emphasizes that probate protects creditors and prevents fraud — but it’s also notorious for delays, legal fees, and administrative burdens.


The Michael Jackson Example: A Probate Case That Won’t End

When Jackson died in 2009, his finances were deeply in debt. Yet as Puck News reported, his estate has since generated more than $3.5 billion in revenue through licensing, publishing rights, and catalog sales. Despite that turnaround, the estate remains under probate supervision — because even billion-dollar empires can’t skip the rules of succession law.

A major reason for the delay was a years-long dispute with the Internal Revenue Service over the value of Jackson’s likeness and catalog. The IRS argued that the estate had undervalued those assets by hundreds of millions of dollars, which triggered audits, litigation, and negotiations that are still influencing the estate’s closure today.

Probate Judge Mitchell Beckloff has also required court approval for every major deal — including the 2022 sale of half of Jackson’s catalog to Sony Music for roughly $600 million. Family members have objected to management fees and spending decisions; People Magazine recently reported that Jackson’s mother and son are embroiled in legal challenges over how the estate is handled.

In short: what began as a routine estate proceeding has turned into a multi-billion-dollar business operating under a probate court’s watchful eye.


Lessons for Clients Seeking a Probate Lawyer

The Jackson case underscores why having a capable probate lawyer is vital:

  1. Complex assets need strategic oversight.
    Jackson’s estate included global intellectual-property rights, royalties, and corporate holdings. An ordinary executor could never navigate those alone. A skilled probate lawyer can coordinate valuations, licensing, and tax compliance.

  2. Probate can last far longer than expected.
    As Nolo explains, even simple estates often take six months to a year. Add tax disputes or international assets, and the process can stretch into decades.

  3. Transparency and accountability matter.
    Probate requires detailed accountings of every dollar earned or spent. In Jackson’s case, heirs questioned “lavish gratuities” and “premium payments for unrecorded legal work,” according to Puck News’ follow-up analysis. An experienced probate lawyer ensures that executors follow fiduciary duties and comply with all disclosures.

  4. Poor estate planning leads to costly delays.
    Although Jackson had a trust, not all assets were placed into it, forcing much of his estate into court. As estate-planning attorneys at Mackay Dressler LLP note, failing to “fund” a trust properly is one of the most common and expensive mistakes.


What Probate Lawyers Can Learn

For practitioners, the Jackson estate offers cautionary insights:

  • Executor authority must be explicit. Jackson’s will granted broad powers to sell or mortgage property, allowing his executors to make huge deals — but every sale still required judicial review.

  • Tax valuation is paramount. The IRS litigation consumed years. Proper appraisal and documentation could have shortened that fight.

  • Beneficiary relations are fragile. When an estate stays open for over a decade, friction among heirs and fiduciaries is inevitable. Preventive communication and court transparency are essential.

As Reuters reported about similar celebrity estates like Prince’s, unresolved disputes can keep fortunes in limbo and heirs waiting years for closure.


Broader Implications for Probate Practice

The Jackson estate is an extreme example, but it exposes truths about modern probate: digital assets, international royalties, and brand rights are changing what it means to “settle an estate.” Lawyers now face intellectual-property law, business management, and cross-border tax compliance, all within a probate framework designed for paper wills and bank accounts.

For ordinary families, this means two things:

  • You need a lawyer who understands your local probate rules and timelines.

  • You must ensure your estate plan is properly structured so major assets bypass probate where possible.

The American Bar Association advises using tools such as trusts, joint ownership, and beneficiary designations to simplify transfers and reduce costs.


Final Thoughts

Probate is not a one-size-fits-all process. Sometimes it’s a straightforward six-month filing; other times, it becomes a 15-year, billion-dollar case study like Michael Jackson’s. For individuals, the lesson is to plan early and hire counsel who understands both legal mechanics and complex asset structures. For probate lawyers, it’s a reminder that even “routine” estates can evolve into business enterprises demanding rigorous oversight.

If you’re navigating an estate with real property, intellectual-property rights, or tax disputes, now is the time to consult qualified Florida Probate Attorneys who can safeguard your interests, expedite proceedings, and help ensure your loved one’s legacy is managed with transparency and care.

About the author

James McGrath

Leave a Comment