Probate in Michigan: Timeline, Costs & How to Avoid It

Michigan follows the Uniform Probate Code, which creates two distinct tracks: informal probate (fast, minimal court involvement) and formal probate (judge-supervised, used for contested or complex estates). For most Michigan families, informal probate is the appropriate track — and it moves faster and costs less than states that require court approval at every step.

How Michigan Probate Works: Step by Step

Michigan probate is filed in the Probate Court of the county where the deceased was domiciled. Under the Uniform Probate Code, most estates use informal probate — a streamlined track where the personal representative is appointed by the court's Register (an administrative official) rather than a judge, and then proceeds without court supervision unless a dispute arises.

1. 1
   File application for informal probate (Days 1–14)The named personal representative files an Application for Informal Probate and Appointment of Personal Representative with the Probate Court. In Michigan, this application goes to the court Register — not to a judge. If the application is in order, the Register issues an Order for Informal Probate and Letters of Authority, often within days of filing.
2. 2
   Notice to heirs and devisees (Week 1–3)Within 14 days of appointment, the personal representative must give written notice of the probate proceedings to all heirs (those who would inherit under intestacy) and devisees (those named in the will). This notice triggers their right to demand formal probate or contest any aspect of the proceedings.
3. 3
   File Inventory (Within 91 days of appointment)The personal representative files a sworn Inventory listing all probate assets at their fair market value on the date of death. The Inventory is filed with the Probate Court and a copy is sent to all interested persons. The personal representative also publishes a Notice to Creditors in a local newspaper — the 4-month creditor period begins from the date of first publication.
4. 4
   Creditor period (4 months from publication)General creditors have 4 months from the date of first publication to file claims. Creditors who receive direct written notice have 30 days from that notice, if shorter. The personal representative reviews each claim and must pay, negotiate, or reject it. The surviving spouse's $32,000 allowance (MCL 700.2402) is paid before general creditors.
5. 5
   Pay debts and file tax returns (Months 2–8)After the creditor period closes, the personal representative pays valid debts, files the decedent's final income tax return, and files a fiduciary income tax return if the estate earned income during administration. Michigan has no state estate tax, so no Michigan state estate tax return is needed unless required by another state where property is located.
6. 6
   Distribute and close (Months 6–12)After debts are paid, the personal representative distributes assets to beneficiaries per the will or intestacy, then files a Sworn Statement to Close Estate with the Probate Court. Under informal probate, no final court hearing is required — the estate closes when the closing statement is accepted. An interested person can petition for a formal accounting if they dispute the administration.

Michigan Small Estate Options

Michigan offers two simplified procedures for smaller estates, in addition to the possibility of informal probate:

• Assignment of assets ($53,000 threshold, MCL 700.3982). When the gross value of the entire probate estate is $53,000 or less (adjusted periodically), a surviving spouse or heirs can petition the Probate Court for an Order for Assignment — a simplified court order transferring all estate assets without appointing a personal representative or going through full administration. This is faster and much cheaper than a full probate filing.
• Small estate affidavit (personal property under $15,000, MCL 700.3983). For estates containing only personal property (no real estate) with a total value under $15,000, an heir can collect assets directly from banks and other institutions by presenting a notarized affidavit. No court filing required. Wait 28 days from date of death before using this affidavit.

For real estate, the small estate threshold of $53,000 applies — and real estate always requires some form of court proceeding (either the assignment procedure or full informal probate) to transfer title.

Surviving Spouse Protections in Michigan

Michigan provides strong financial protections for surviving spouses that are funded from the estate before general creditors are paid.

• Surviving spouse allowance (MCL 700.2402): $32,000 (indexed periodically), paid from the estate to the surviving spouse before any general creditors. This allowance is available even if the surviving spouse waives their rights under the will, and even in insolvent estates.
• Homestead allowance: Michigan also provides a homestead allowance to the surviving spouse or minor children if there is no surviving spouse.
• Exempt property: Household furniture, automobiles, furnishings, appliances, and personal effects up to $15,000 in value pass to the surviving spouse (or children, if no surviving spouse) and are not subject to creditor claims.

What Happens Without a Will in Michigan

Michigan's intestacy rules (MCL 700.2101 et seq.) follow the Uniform Probate Code, which is designed to reflect what most people would want. The distribution for a surviving spouse depends on whether all surviving descendants are also descendants of the surviving spouse.

• Surviving spouse only (no descendants, no parents): All to the surviving spouse.
• Surviving spouse + descendants, all of whom are also descendants of the surviving spouse: If the surviving spouse has no other descendants, all goes to the surviving spouse. If the surviving spouse has other descendants not of the decedent, $150,000 plus 1/2 of the remaining estate goes to the surviving spouse; the other 1/2 goes to the decedent's descendants.
• Surviving spouse + descendants, some not of the surviving spouse: $150,000 plus 1/2 of the remaining estate to the surviving spouse; 1/2 to the decedent's descendants.
• Surviving spouse + surviving parents (no descendants): $150,000 plus 3/4 of the remaining estate to the surviving spouse; 1/4 to surviving parents.
• No surviving spouse — descendants only: All to the decedent's descendants, per stirpes.
• No surviving spouse, no descendants: Parents, then siblings and their descendants, then more remote relatives.

How to Avoid Probate in Michigan

• Revocable living trust. The most comprehensive tool. All assets transferred to the trust during the owner's life avoid probate. Michigan's informal probate is already relatively streamlined, so the calculus for a trust depends on the size and complexity of the estate.
• Transfer on Death deed (MCL 565.521, effective April 2024). A TOD deed records a beneficiary for real property. The grantor retains full ownership and can revoke at any time during their lifetime. At death, the beneficiary records a simple affidavit — no probate required for that property.
• Joint tenancy with right of survivorship. The deed or title must expressly state survivorship rights — Michigan does not presume survivorship. For married couples, tenancy by the entirety is available and also protects against individual creditors during the couple's joint lives.
• Beneficiary designations. IRAs, 401(k)s, life insurance, and bank accounts with POD (payable on death) designations pass directly to named beneficiaries. These never enter Michigan's Probate Court regardless of estate size.

Will Requirements in Michigan

A valid Michigan will must be in writing and signed by the testator, and witnessed by two individuals who sign the will in the testator's presence (MCL 700.2502). Michigan follows the Uniform Probate Code approach, which allows a will to be valid even if a required element is missing, if the proponent establishes by clear and convincing evidence that the document was intended as the testator's will.

Michigan recognizes holographic wills — wills entirely in the testator's handwriting and signed — without the need for witnesses (MCL 700.2502(2)). Holographic wills are valid in Michigan but can be more difficult to admit to probate and more frequently contested. An attested will with two witnesses is simpler to probate.

A self-proving affidavit — signed by the testator and witnesses before a notary — allows the will to be admitted without requiring the witnesses to testify.

Personal Representative Compensation in Michigan

Michigan entitles personal representatives to "reasonable compensation" for their services (MCL 700.3719). There is no fixed statutory rate. Courts and practitioners typically use 2–3% of the estate value as a guideline for reasonable compensation, with higher rates appropriate for complex or time-intensive estates. All compensation must be approved by the court or agreed upon by all interested persons. Compensation is taxable income to the personal representative.