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Michigan Probate Guide

County-specific probate court contacts, filing fees, required forms, and step-by-step estate settlement guidance for executors in Michigan.

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Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.

Types of Probate in Michigan

Michigan offers several probate procedures depending on estate value and circumstances.

Most Common

Formal Probate

Court-supervised administration for estates that do not qualify for a shortcut.

Timeline
6-12+ months
Attorney
Recommended
Simplified

Simplified Probate

A shorter court process that may be available for qualifying estates.

Timeline
Varies
Attorney
Recommended
Small Estates

Small Estate Procedure

A limited shortcut for qualifying small estates.

Timeline
Varies
Attorney
Optional

Michigan Estate Law Overview

Michigan Estate Tax Info

Michigan tax information for estates

Yes
State Estate Tax
Yes
Inheritance Tax
Yes
State Income Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Michigan intestate succession determines who receives probate property when a person dies without a valid will.

View spouse inheritance rules
No surviving descendant or parentAll probate estate

The surviving spouse receives the entire intestate estate when no descendant or parent of the decedent survives.

All descendants are also descendants of the surviving spouse, and the spouse has no other surviving descendants$150,000 base amount plus 1/2 of the balance

The statutory dollar amount is adjusted under MCL 700.1210, so confirm the current adjusted amount for the date of death.

No surviving descendant, but a parent survives$150,000 base amount plus 3/4 of the balance

The statutory dollar amount is adjusted under MCL 700.1210, so confirm the current adjusted amount for the date of death.

All decedent descendants are also descendants of the surviving spouse, and the spouse has other surviving descendants$150,000 base amount plus 1/2 of the balance

The balance after the spouse share passes under the remaining intestacy rules. Confirm the adjusted dollar amount under MCL 700.1210.

Some, but not all, decedent descendants are not descendants of the surviving spouse$150,000 base amount plus 1/2 of the balance

This mixed-family rule applies when at least one decedent descendant is not also a descendant of the surviving spouse. Confirm the adjusted dollar amount under MCL 700.1210.

No decedent descendants are descendants of the surviving spouse$100,000 base amount plus 1/2 of the balance

This rule applies when the decedent's surviving descendants are from outside the marriage to the surviving spouse. Confirm the adjusted dollar amount under MCL 700.1210.

View order of inheritance (no spouse)
  1. 1DescendantsBy representation
  2. 2ParentsEqually if both survive, or all to the surviving parent
  3. 3Descendants of parentsBy representation
  4. 4Grandparents and descendants of grandparentsGenerally one half to the paternal side and one half to the maternal side, with statutory fallback if one side has no surviving relatives

Michigan Homestead Protection

Michigan does not have a Florida-style constitutional homestead system for probate routing. Michigan has a probate homestead allowance, a Principal Residence Exemption for property tax, and limited statutory creditor exemptions that must be analyzed separately.

0
Limited statutory exemptions only; verify current adjusted amount and applicability
Creditor Protection
Size limits & qualifications

Inside city limits: No Florida-style municipal acreage limit promoted

Outside city limits: No Florida-style rural acreage limit promoted

Property types: Principal residence for property tax PRE, Estate residence or real property subject to ordinary title and probate analysis, Property potentially subject to secured liens, taxes, and claims

Restrictions on leaving homestead in will

With spouse, no minor children:

No Florida-style restricted devise rule promoted. Review the will, deed, trust, survivorship language, spouse rights, claims, and the homestead allowance.

With minor children:

No Florida-style minor-child homestead devise restriction is promoted. If no surviving spouse exists, minor and dependent children may share the homestead allowance under MCL 700.2402.

Exempt Property

Michigan gives a surviving spouse and certain children priority family protections through the homestead allowance, family allowance, and exempt property selection rules.

View exempt items
Household furniture, furnishings, appliances, and personal effects
The surviving spouse may select qualifying household and personal items from the estate up to the statutory amount, net of security interests.
$10,000 base amount, adjusted under MCL 700.1210
Automobiles
Automobiles are included among property a surviving spouse may select as exempt property, subject to value and security-interest limits.
Included within the $10,000 base exempt property amount, adjusted under MCL 700.1210
Other estate assets if exempt property is insufficient
If the estate does not contain enough qualifying exempt property, the spouse or children may be entitled to other estate assets to make up the statutory amount.
Amount needed to make up the statutory exempt property value

Family Allowance

Reasonable amount for maintenance during administration - Michigan provides a reasonable family allowance for the surviving spouse and qualifying minor or dependent children during estate administration.