The Michigan Probate Process: Step-by-Step

Assess the Estate — What Needs Probate?

• Joint tenancy (JTWROS): Passes to surviving joint tenant automatically — no probate.
• Beneficiary-designated accounts: IRA, 401(k), life insurance, POD/TOD — pass directly, no probate.
• Revocable living trust assets: Pass per trust document — no probate.
• Assets in the decedent's name alone: Require small estate affidavit (personal property under $25,000) or informal probate.
• Real estate in the decedent's name alone: Always requires informal probate and a Personal Representative's Deed — regardless of value.

Choose the Right Procedure

• Small Estate Affidavit (MCL 700.3982): Personal property under $25,000 gross value (verify current adjusted threshold at legislature.mi.gov); 28-day wait from date of death; present sworn affidavit directly to the institution. No court. No Letters. Cannot be used for real estate.
• Informal Probate: File Application for Informal Probate with the county Probate Court. Court issues Letters of Authority; PR acts independently. Used when real estate is involved or personal property exceeds $25,000.
• Formal Probate: Required for contested wills, disputed heirs, or when court supervision is needed or requested by an interested party.

File the Application for Informal Probate

File Application for Informal Probate and Appointment of Personal Representative (SCAO Form PC 558 or county equivalent) with the county Probate Court in the county where the decedent was domiciled at death. The Application must include:

• Decedent's name, date and place of death, and domicile county
• Names and addresses of all heirs and devisees
• Name and address of the nominated Personal Representative
• Original will filed with the application (if one exists)

Pay the filing fee ($175–$300 depending on county). The court issues Letters of Authority (the Michigan equivalent of Letters Testamentary or Letters of Administration). Request at least 6–8 certified copies — each institution requires its own original.

Get Your EIN and Open the Estate Account

• Apply for a federal EIN at irs.gov — takes minutes online.
• Open a dedicated estate checking account using your Letters of Authority and the EIN.
• Notify the Social Security Administration of the death and return any payments received after the date of death.
• Send written notice to all heirs and devisees promptly after appointment (MCL 700.3705).
• Secure and insure all real property.

Publish Notice to Creditors — Start the 4-Month Clock

Publish Notice to Creditors in a newspaper of general circulation in the county once per week for three successive weeks (MCL 700.3801). The 4-month creditor claim period begins on the date of first publication. File proof of publication with the Probate Court.

Also send direct written notice to all known heirs, devisees, and creditors.

Prepare the Inventory — Due Within 91 Days

Prepare an inventory within 91 days of appointment (MCL 700.3706), valuing all probate assets at date of death. Michigan considerations:

• Real estate: Formal appraisal by a licensed Michigan appraiser recommended. Michigan lakefront property and vacation property require specialized valuation.
• Business interests: Obtain a professional business valuation. Michigan has many closely held manufacturing and automotive-sector businesses.
• Financial accounts: Use account balance statements dated on the day of death.
• Vehicles: Use NADA or Kelley Blue Book value on the date of death.

For informal probate, the Inventory does not need to be filed with the Probate Court unless the court orders it — but you must prepare one and provide it to any interested person who requests it.

Manage Estate Assets During Administration

• Route all estate income through the estate checking account.
• Continue mortgage, property tax, insurance, and utility payments on real property.
• Retitle investment and brokerage accounts in the estate's name using the EIN.
• Maintain any business interests or rental properties.

The Personal Representative has independent statutory authority (MCL 700.3715) to sell estate property without court approval when needed to pay debts or facilitate distribution.

Review Claims and Pay Debts

After the 4-month creditor period closes, review all claims. Allow or reject each in writing. A rejected creditor has 63 days from the notice of rejection to petition the court (MCL 700.3806).

If the estate is insolvent, pay claims in this priority order (MCL 700.3805):

1. Costs and expenses of administration
2. Reasonable funeral and burial expenses
3. Federal taxes and debts with federal preference
4. Reasonable medical expenses of the last illness
5. State taxes and debts with Michigan preference
6. All other claims

File Tax Returns

Transfer Property, Distribute, and File the Closing Statement

Real property: Execute a Personal Representative's Deed for each Michigan parcel. Record with the county Register of Deeds in the county where the property is located.

Vehicles: Transfer title at a Michigan Secretary of State (SOS) office with Letters of Authority and a certified death certificate.

Financial accounts: Present Letters of Authority and death certificate to each institution. Obtain signed receipts from each beneficiary.

Closing Statement (MCL 700.3954): After all assets are distributed, all debts paid, and all tax returns filed, prepare and file a Closing Statement (SCAO Form PC 586 or county equivalent) with the Probate Court. No court hearing required. The Closing Statement must be filed after the 4-month creditor period has expired and all distributions are complete. The Personal Representative is discharged from liability unless the court opens a proceeding within 1 year of filing.