Informal vs. Formal Probate in Michigan
| Factor | Informal Probate | Formal Probate |
|---|---|---|
| Court filings | Application (PC 558) + Closing Statement | Petition + multiple court hearings |
| Court supervision | None — PR acts independently | Active court supervision of all actions |
| Inventory filing | Not required unless court orders it | Required |
| Final accounting | Not filed with court | Filed with court, reviewed by judge |
| Closing | Closing Statement (PC 586) | Court order of discharge |
| Best for | Uncontested estates; cooperative heirs | Disputed wills; contested claims; court protection needed |
| Typical duration | 7–10 months | 10–18+ months |
Small Estate Affidavit vs. Full Probate
| Factor | Small Estate Affidavit (MCL 700.3982) | Full Probate Court |
|---|---|---|
| Personal property value | $25,000 or less (may be adjusted) | Any amount |
| Real estate | Not eligible | Required for real estate |
| Wait period | 28 days from death | N/A |
| Court filing | No | Yes — county Probate Court |
| Letters of Authority | No | Yes |
| Creditor notice | Not required | Required — 4-month period |
Michigan Probate Process — 7 Phases
Determine probate requirement and choose informal vs. formal
Identify non-probate assets (POD/TOD, joint tenancy, named beneficiaries). If personal property ≤ $25,000 and no real estate, and 28 days have passed, consider the Small Estate Affidavit (MCL 700.3982). For most estates, file for informal probate in the county Probate Court.
File Application for Informal Probate; receive Letters of Authority
File Application for Informal Probate and Appointment of Personal Representative (PC 558) with the county Probate Court. Attach original will and certified death certificate. Pay filing fee ($175–$300). Receive Letters of Authority — request 6–8 certified copies.
Open estate account, apply for EIN, notify agencies
Apply for estate EIN at irs.gov. Open estate bank account with Letters of Authority. Redirect mail. Cancel subscriptions. Notify Social Security, VA, pension plans. Maintain insurance on real estate and vehicles.
Publish Notice to Creditors — start 4-month clock
Publish Notice to Creditors in county newspaper once per week for 3 successive weeks (MCL 700.3801). The 4-month creditor period begins on the first publication date. File proof of publication with the Probate Court. Send direct notice to known creditors, heirs, and devisees.
Prepare Inventory
Prepare Inventory of all estate assets with estimated fair market values within 91 days of appointment. For informal probate, the Inventory is not filed with the court but must be provided to interested persons upon request. Collect all estate assets into the estate bank account.
Pay debts and taxes after 4-month creditor period
After the creditor period expires, pay valid claims in MCL 700.3805 priority order. File Michigan Form MI-1040 (final income tax, April 15) and MI-1041 (fiduciary income, if applicable). File federal Form 1040 and Form 1041 if applicable. No Michigan estate tax return or inheritance tax return required.
File Closing Statement and distribute assets
Distribute assets to heirs per will or intestacy. Obtain signed receipts. Transfer real estate via deed (record with county Register of Deeds). Transfer vehicles at Michigan Secretary of State (SOS) office. File Closing Statement (PC 586) with Probate Court. PR is discharged after 1 year unless court acts.
Michigan Intestate Succession (MCL 700.2101 et seq.)
- Spouse only (no descendants, no parents): entire estate to spouse
- Spouse + descendants all of whom are also spouse's: entire estate to spouse
- Spouse + descendants, some not spouse's: spouse receives first $150,000 + ½ of remainder; other ½ to all descendants
- Spouse + parents (no descendants): spouse receives first $150,000 + ¾ of remainder; parents receive ¼
- Descendants only (no spouse): descendants share equally per stirpes
- No spouse, no descendants: parents; then siblings; then more distant relatives
Michigan Will Requirements (MCL 700.2502)
- Testator must be at least 18 years old
- Must be signed by the testator (or by another individual at the testator's direction)
- Must be witnessed by at least two individuals who sign within a reasonable time after witnessing
- Holographic wills: Michigan recognizes holographic wills (MCL 700.2502(2)) — entirely handwritten and signed by the testator, with material portions in testator's handwriting; no witnesses required
- Self-proving affidavit (MCL 700.2504) allows probating without live witness testimony