Michigan Probate Law
The probate attorneys at Collens Estate Law have been administering and litigating probate in Michigan for more than 30 years.
The probate attorneys at Collens Estate Law have been administering and litigating probate in Michigan for more than 30 years.
The following information provides an overview of Michigan probate law and essential information for personal representatives, beneficiaries, and other persons involved in estate administration.
Understand what probate is and how it works in Michigan.
What are probate property and assets.
Which assets would requite Probate
What is the probate process in Michigan
Probate law is the legal process of administering a deceased person’s estate based on a will or intestate laws.
Specifically, probate is the procedure of validating a deceased person’s will, identifying and inventorying assets, managing the payment of outstanding debts and taxes, and distributing remaining assets to beneficiaries.
Probate proceedings in Michigan can be either formal or informal, depending on the complexity of the estate and whether any disputes exist.
Formal proceedings, also known as supervised probate, requires hearings before a probate judge to determine the final disposition and distribution of assets. If disputes arise or complicated issues need resolution a supervised probate will likely occur. Formal proceedings provide more oversight and finality than informal proceedings and will require more steps.
Informal proceedings, also known as unsupervised estates, involve minimal court oversight and typically require less time to complete than a formal proceeding. They are suitable for uncontested cases with clear asset distribution. An informal, unsupervised probate estate can be handled completely through court filings and paperwork without the need for a formal hearing before a probate judge.
An experienced probate lawyer will answer your questions about what type of probate procedure your family’s estate will require.
In Michigan, probate court proceedings are necessary when a deceased person owns assets in their name alone valued at more than $50,000. (As of 2024. The dollar amount is adjusted periodically for inflation.)
Not all assets must go through probate, even if they exceed this threshold. For example, an asset that the deceased person owned in joint tenancy will pass automatically to the surviving owner. (For more information, see the “Joint Tenancy Property” section below.)
Michigan offers a simplified probate for small estates. Heirs can use a simple affidavit procedure to claim assets without full probate administration if the estate’s value falls below the small estate threshold. ($50,000)
Knowing which assets are subject to probate and which are not can help you make informed decisions, plan, and prepare for the administration process. The distinctions between probate and non-probate assets will most likely impact the duration and cost of settling an estate.
In Michigan, personal property that does not have a designated beneficiary will be distributed through the probate court. These assets include:
If the deceased person’s bank account has no joint owners or beneficiaries, it must go through probate. (Unless it is designated as a payable-on-death account).
These bank accounts include:
Real estate includes houses, land, commercial property, and mineral rights.
Real estate owned as joint tenants with rights of survivorship or held in a living trust can bypass probate. Property owned as tenants in common will require probate for the deceased owner’s share of the property.
If the deceased person owned a business or shares in a business, the business or the business interest owned by the decedent will typically need to go through the probate process. This includes:
Note: Business succession planning can help avoid probate for the above assets.
Not all assets will need to go through the probate process. The State of Michigan considers the following assets non-probate property:
Joint tenancy property is very common among married couples and family members. Known as “Joint Tenants with Full Rights of Survivorship,” this designation recognizes each person as a co-owner of the property, with equal shares. If one owner dies, their share automatically passes to the surviving person. This joint tenancy property can bypass the probate process. Examples of this type of property are:
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Retirement accounts with designated beneficiaries transfer directly to those individuals without passing through probate. This includes:
Proceeds from a life insurance policy do not go through probate when there are named beneficiaries, contingent beneficiaries, or trust beneficiaries.
Note: A policy only becomes a probate asset if the estate is named as beneficiary or if the beneficiary fails, has predeceased, or is missing.
Assets properly transferred to a trust during the deceased person’s lifetime avoid probate. This includes:
The probate process in Michigan is a court-supervised procedure that, while complex and often challenging, is necessary to honor the decedent’s wishes after their death.
This process can take approximately six to twelve months to complete and follows a structured timeline with specific requirements and deadlines established by state law. The following steps provide a framework for what to expect during probate administration.
Understanding the process will help personal representatives and beneficiaries work within the system effectively and avoid common pitfalls that might increase costs.
The purpose of filing a petition is to officially open the probate case. If there is a will, the state will require the original will to be filed with the probate court in the county where the deceased person (decedent) lived at the time of death. This filing must include a certified copy of the death certificate and a petition to open probate. If a will does not exist, an heir or interested party can file a petition for administration.
Once the inital petition is filed, the court will appoint a personal representative (formerly know as the excutor) to administer the estate. and manage the probate process. This person will be responsible for managing the estate.
The personal representative must send notice to all known heirs and creditors of the estate, including family, beneficiaries, and organizations or individuals to whom the deceased may have owed money.
The personal representative must file a detailed inventory of all probate assets and their fair market value as of the date of death. These can include real estate, personal belongings, bank accounts, investments, and vehicles. (See above.)
Once the estate’s assets have been appraised and valued, the personal representative must review all creditor claims and pay valid debts from these assets. The personal representative must also file final income tax returns for the deceased and the estate, and pay any estate taxes, if applicable.
After paying all debts, taxes, expenses, and personal obligations of the decedent, the personal representative distributes the remaining assets according to the will or, in the absence of a will, the state of Michigan’s intestacy laws.
Once all other tasks are completed, the personal representative must file a final account with the court showing all estate transactions, including receipts, disbursements, and distributions. Next, the court reviews all documentation and, if satisfied, issues an order closing the estate and discharging the personal representative from further duties. This typically closes the estate informally.
If contested:
Many people wonder how much it will cost to probate an estate in Michigan. While the probate process involves some expense, the precise cost varies based on the value and complexity of the estate. High-value, complex estates typically cost more to administer than simple estates.
Here is a breakdown of typical probate expenses in Michigan:
Initiating the probate process in court requires filing a petition, which typically costs $175. There may also be falso iling fees for specific documents as , certification fees, copy fees.
A personal representative may need to hire other professional advisers, including investment consultants, accountants, attorneys, and business managers. Fees are usually hourly or percentage-based. There may also be appraisal fees for property valuation.
After the death of a loved one, contact our Michigan probate law attorneys at (248) 545-2500. We serve people in the Detroit metro area and throughout Michigan.
Probate court proceedings in Michigan can be long and costly, which is why many people take steps to avoid probate, maintain privacy, and expedite asset distribution to beneficiaries.
Several legal tools and strategies are designed to bypass the probate process in Michigan. Common options include:
Creating a trust transfers ownership of assets to the trust, thereby excluding them from a probate estate. In Michigan, there is a variety of trusts, including a revocable living trust, an irrevocable trust, and a testamentary trust.
Both personal property, including banks and certificates of deposit, and real property, such as homes and land, can be held by two or more people via joint tenancy. Under this arrangement, ownership interest of one joint tenant automatically passes to the other surviving joint tenant(s) upon death.
This involves naming beneficiaries on bank accounts, retirement accounts and life insurance policies. Upon a person’s death, assets can directly pass on to the named beneficiaries, avoiding probate.
During their lifetime, a person may transfer ownership of property to a preferred individual. This ensures that the property is not included in their estate upon their passing and is therefore not subject to probate.
Probate is handled by the probate court in the county which the decedent resided in at the time of their death. Once it is determined whether formal or informal probate is required, you must file a petition with the probate court to start the process.
In general, the Michigan probate process takes at least seven months. Larger estates or those involving disputes can take up to 12 or more months.
The simple answer is no. Many assets, including joint tenancy property, assets with designated beneficiaries, and trust property can bypass probate.
While the state of Michigan technically does not require an attorney for all probate matters, it is generally recommended to hire legal counsel. This is especially true for larger estates or for situations that are more complex.
If a person dies without a will, they are said to have died “intestate.” Michigan’s intestacy laws determine how assets will be distributed, prioritizing spouses, children, and close relatives.
Official forms, filing requirements and court procedures.
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