Michigan Probate Guide
If you've just lost someone and are facing the Michigan probate process — this guide walks you through what it costs, how long it takes, the exact filings Michigan requires, and whether you can avoid formal probate entirely.
Typical Timeline
6–12 months
Uncontested formal probate
Small Estate Threshold
$53,000
Petition and Order for Assignment (Small Estate) / Transfer by Affidavit
Court
Probate Court
Filing fee: $25–$175
Executor Commission
Reasonable fee
~$25,000 on a $1M estate
Michigan probate is required when the decedent's solely-owned probate assets exceed the inflation-adjusted small estate threshold and aren't held in trust, joint tenancy with right of survivorship, or with a beneficiary designation. Real estate solely titled in the decedent's name typically triggers probate unless covered by a Lady Bird (enhanced life estate) deed.
Michigan informal (unsupervised) probate under EPIC typically closes in 6–9 months for simple estates. The 4-month creditor claim period (after publication) is the primary timing constraint. Supervised administration for complex or contested estates runs 12–24 months or longer.
Michigan's Petition and Order for Assignment (Small Estate) / Transfer by Affidavit allows qualifying estates to skip formal probate.
| If the death occurred… | Small estate threshold |
|---|---|
| Transfer by Affidavit (2026 deaths) — MCL 700.3983 | $28,000 |
| Petition for Assignment (2026 deaths) — MCL 700.3982 | $53,000 |
Michigan offers two small-estate shortcuts: (1) Transfer by Affidavit (MCL 700.3983) for estates after funeral and burial expenses below the annually-indexed small estate threshold — $28,000 for 2026 deaths under MCL 700.3982 — usable 28 days after death; and (2) Petition and Order for Assignment in probate court for estates at or below $53,000 (2026 adjusted figure under MCL 700.3982).
Under MCL 700.3719, a personal representative is entitled to 'reasonable compensation for services performed.' Michigan does not use a percentage schedule. The court evaluates time, complexity, results, and customary rates. Note that Michigan probate courts also charge a separate statutory 'inventory fee' based on estate value (MCL 600.871).
Example: An estate valued at $1,000,000 would yield an executor commission of approximately $25,000.
Attorney fees:
Attorney fees are also 'reasonable' (MCL 700.3715) with no percentage formula. Typical Michigan probate attorney fees run $2,500–$5,000 for simple informal estates and $7,500+ for supervised or contested matters.
Multiple co-executors:
When co-personal representatives serve, reasonable compensation is generally divided among them rather than paid in full to each.
Statute: MCL 700.3719 (personal representative) and MCL 700.3715 (attorney)
Under MCL 700.3603, bond is not required for a personal representative appointed in informal proceedings unless requested by an interested person or required by the will. In supervised administration or where requested, the court sets bond in an amount sufficient to protect the estate.
Statute: MCL 700.3603–3605
Michigan has no state estate tax and no inheritance tax — the Michigan estate tax was effectively repealed in 2002 (tied to the federal pickup credit). Only the federal estate tax applies. The 2026 federal exemption is $15 million per individual and $30 million per married couple under the One Big Beautiful Bill Act (signed July 2025).
Michigan is a separate-property state. Under MCL 700.2202, a surviving spouse may elect against the will and take one-half of the share the spouse would have received in intestacy, reduced by half the value of property passing to the spouse outside the will. The election must be made within 63 days after presentment of claims or service of the inventory, whichever is later. Spouses are also entitled to homestead and family allowances under MCL 700.2402–2404.
Michigan's Medicaid Estate Recovery Program (MERP) under MCL 400.112g is limited to the probate estate — assets in a properly funded trust, joint property, payable-on-death accounts, or transferred via a Lady Bird deed are outside MERP's reach. MERP recovers nursing facility, home and community-based waiver, and related services paid for recipients aged 55+. Michigan applies the federal 5-year (60-month) lookback for long-term care eligibility.
Michigan is one of a small number of states that recognize Lady Bird deeds — a quitclaim deed that retains a life estate plus the power to sell or revoke. At the owner's death, the property passes to the named remainder beneficiary outside probate and is not exposed to Medicaid estate recovery in Michigan. Lady Bird deeds are the most common Michigan substitute for the Transfer on Death deed, which Michigan has not adopted.
Statute: Recognized by court precedent and Michigan Land Title Standards (no specific MCL section)
The full Michigan executor checklist has 24 milestones: 12 specific to Michigan law (shown below — filings, forms, and court interactions tied to Michigan statutes) and 12 universal duties that apply in every state (expandable at the end of the list). The same item never appears in both groups.
Obtain certified death certificates
Order at least 10-12 certified copies of the death certificate from the Michigan Department of Health and Human Services, Division for Vital Records and Health Statistics, or from the county clerk. These will be needed for the probate court, financial institutions, insurance companies, and government agencies.
Locate and review the will
Search for the decedent's original will and any codicils. Michigan follows the Estates and Protected Individuals Code (EPIC), which is based on the Uniform Probate Code. Under MCL Section 700.2515, any person in possession of a will must deliver it to the probate court or the named personal representative. Also check for trust documents, as Michigan recognizes revocable living trusts for probate avoidance.
Determine administration type and file petition
Michigan offers three probate tracks under EPIC: Informal Proceedings (simplified, minimal court oversight, handled by the probate register without a hearing), Formal Proceedings (requires a court hearing and judicial order), and Supervised Administration (full court oversight for contested or complex estates). File the appropriate Application for Informal Probate or Petition for Formal Probate with the probate court in the county where the decedent resided.
Receive Letters of Authority
After appointment, the probate court or probate register issues Letters of Authority (Michigan's equivalent of Letters Testamentary or Letters of Administration). Under informal proceedings, Letters may be issued the same day as the application. The personal representative must accept the appointment in writing and may need to post a bond. Obtain multiple certified copies for use with financial institutions.
Notify financial institutions
Send certified copies of the death certificate and Letters of Authority to all banks, brokerage firms, insurance companies, and retirement account custodians. Request date-of-death valuations for all accounts. Michigan is a separate property (common law) state, so carefully verify the ownership and titling of each asset.
File inventory with the probate court
Prepare and file an inventory of all estate assets with the probate court within 91 days of appointment, as required by MCL Section 700.3706. The inventory must include all real and personal property with date-of-death fair market values. Send a copy of the inventory to all interested persons (heirs and devisees). Hire qualified appraisers for real estate, business interests, and specialized personal property.
File final personal income tax return (Form 1040 and Michigan Form MI-1040)
File the decedent's final federal income tax return (Form 1040) and Michigan individual income tax return (Form MI-1040) for the period from January 1 through the date of death. Michigan imposes a flat state income tax. Some Michigan cities also impose a local income tax. A surviving spouse may file jointly for the year of death.
File estate income tax return (Form 1041 and Michigan Form MI-1041) if applicable
If the estate earns more than $600 in gross income during the administration period, file federal Form 1041 and Michigan Fiduciary Income Tax Return (Form MI-1041). The estate is a separate taxpayer from the date of death, and Michigan taxes fiduciary income at its flat state rate.
File estate tax return (Form 706) if applicable
If the gross estate exceeds the federal estate tax exemption, file federal Form 706 within nine months of death. Michigan does not impose a separate state estate or inheritance tax (the Michigan estate tax was linked to the now-defunct federal state death tax credit). Form 706 may still be filed for federal portability purposes.
Distribute specific bequests
Distribute specific gifts and bequests as directed by the will. Obtain signed receipts from each beneficiary. Michigan provides a surviving spouse with several protections including a homestead allowance, family allowance, and exempt property right under MCL Sections 700.2402-2404. These allowances are in addition to any share passing under the will or by intestacy.
Distribute residuary estate to beneficiaries
After all debts, taxes, administration expenses, and specific bequests have been satisfied, distribute the remaining estate assets to the residuary beneficiaries as directed by the will or by Michigan intestacy law (MCL Section 700.2102 et seq.). Retain adequate reserves for any pending claims or tax liabilities before making final distributions.
Provide accounting to interested persons
Under informal proceedings, the personal representative must provide a final accounting to all interested persons (heirs, devisees, and creditors) rather than filing with the court. Under supervised administration, a formal accounting must be filed with the probate court under MCL Section 700.3957. The accounting must detail all assets received, income earned, expenses paid, and distributions made or proposed.
Secure estate property and valuables
Immediately secure the decedent's residence by changing locks if necessary. Safeguard valuables such as jewelry, cash, important documents, firearms, and collectibles. If the home will be vacant, arrange for regular checks, maintain climate control, and notify the homeowner's insurance carrier of the vacancy. Secure vehicles, safe deposit boxes, and storage units. Document the condition of all property with photographs.
Notify the Social Security Administration
Report the death to the Social Security Administration at 1-800-772-1213 if the funeral home has not already done so. Any benefits received after the date of death must be returned. Surviving spouses and dependent children may qualify for survivor benefits.
Cancel services, subscriptions, and forward mail
Forward the decedent's mail through USPS to the executor's address or a secure location to capture bills, tax documents, and creditor correspondence. Cancel or transfer utilities (electric, gas, water, internet, phone), streaming services, gym memberships, magazine subscriptions, and other recurring payments. Notify the landlord if the decedent rented. Cancel the decedent's driver's license, voter registration, and passport to help prevent identity theft.
Publish notice to creditors
Publish a Notice to Creditors in a newspaper of general circulation in the county where the estate is administered, as required by MCL Section 700.3801. The notice must be published once and must inform creditors that they have four months from the date of publication to present their claims. Also mail notice to all known creditors. The personal representative may be personally liable for claims of known creditors who were not notified.
Open an estate bank account
Obtain an EIN from the IRS via Form SS-4 and open a checking account in the name of the estate. All estate income, asset sale proceeds, and expense disbursements should flow through this account. Detailed record-keeping is essential for the inventory filing, tax returns, and accounting to beneficiaries.
File IRS Form 56 (Notice of Fiduciary Relationship)
File IRS Form 56 to notify the IRS that you are acting as the fiduciary (executor or administrator) for the decedent's estate. This establishes your authority to receive the decedent's tax information, file returns on their behalf, and correspond with the IRS regarding estate matters. File this form promptly after receiving Letters.
Maintain insurance and pay ongoing estate expenses
Review and maintain all insurance policies on estate property, including homeowner's insurance, auto insurance, and any umbrella liability coverage. Lapsed coverage during administration can expose the estate to significant liability. Continue paying ongoing obligations from the estate bank account: mortgage or rent, property taxes, HOA fees, storage unit fees, and essential maintenance. Keep detailed records of all payments for the final accounting.
Handle digital assets and online accounts
Identify and secure the decedent's digital assets, including email accounts, social media profiles, cloud storage, cryptocurrency wallets, online banking, and digital subscriptions. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs fiduciary access to digital accounts. Check the decedent's devices, password managers, and records for account credentials. Contact service providers to memorialize or close accounts as appropriate.
File claims against life insurance and benefits policies
File claims on all life insurance policies, accidental death policies, and any other insurance or death benefits payable to the estate or named beneficiaries. Provide certified death certificates and completed claim forms to each insurance carrier. Note that policies with named beneficiaries generally pass outside of probate directly to the beneficiary, but proceeds payable to the estate must be inventoried.
Review and pay valid creditor claims
Review all claims presented within the four-month creditor period. The personal representative must allow or disallow each claim under MCL Section 700.3806. Pay valid claims from estate funds in the order of priority established by MCL Section 700.3805 (costs and expenses of administration, reasonable funeral and burial expenses, homestead allowance, family allowance, exempt property, debts and taxes with preference under federal law, medical expenses of the last illness, and then all other claims).
File sworn statement to close estate or petition for court order
Under informal proceedings, after the estate has been open for at least one year and all obligations have been met, the personal representative may close the estate by filing a Sworn Statement under MCL Section 700.3954 certifying that all obligations have been satisfied. Under supervised administration, a petition for final distribution and discharge must be filed with the court for approval.
Close the estate bank account
After all distributions are complete and the estate has been formally closed (via sworn statement or court order), close the estate bank account. Confirm all outstanding checks have cleared and the balance is zero. Retain all bank statements and financial records for at least five years for potential tax audits.
A non-Michigan resident who dies owning Michigan real estate generally requires an ancillary probate in the Michigan probate court of the county where the property is located, in addition to the primary probate in the state of domicile.
Simple unsupervised (informal) probate in Michigan typically takes 6–9 months, driven by the 4-month creditor claim period. Supervised or contested estates run 12–24 months or longer. Small estates handled by Transfer by Affidavit can be resolved in weeks.
The base probate filing fee is $150 plus a $25 e-filing fee. Michigan also charges a statutory inventory fee on a sliding scale based on estate value (e.g., $68.75 + 0.5% over $10,000 for estates of $10k–$25k). Attorney and personal representative fees are 'reasonable' — typically $2,500–$10,000 total for routine estates.
Michigan has two thresholds adjusted annually for inflation. For 2026 deaths, the Transfer by Affidavit (MCL 700.3983) covers estates up to about $28,000 after funeral/burial expenses, and the Petition and Order for Assignment (MCL 700.3982) covers estates up to about $53,000.
Informal unsupervised probate of an uncontested estate can often be handled without an attorney, especially for small estates. Supervised administration, will contests, real estate sales, and creditor disputes typically warrant a probate attorney.
Yes. Common Michigan probate-avoidance tools include revocable living trusts, joint ownership with right of survivorship, payable-on-death accounts, beneficiary designations, and Lady Bird (enhanced life estate) deeds for real estate. Michigan does not authorize the Uniform TOD deed.
MCL 700.2516 requires the custodian of a will to forward it to the probate court with 'reasonable promptness' after the testator's death. Michigan does not set a specific day count, but failure exposes the custodian to civil damages. A formal probate must be opened within 3 years of death.
No. Michigan has no state estate tax and no inheritance tax. Only federal estate tax applies, and the 2026 federal exemption is $15 million per individual and $30 million per married couple under the One Big Beautiful Bill Act.
No — Michigan has not adopted the Uniform Real Property Transfer on Death Act. However, Michigan widely uses Lady Bird (enhanced life estate) deeds, which accomplish a similar result: the property passes outside probate at death without exposing it to Medicaid estate recovery.
This page is informational, not legal advice. Probate rules, thresholds, fees, and tax exemptions change. For your specific situation, consult a licensed Michigan probate attorney.