Michigan Probate Guide

Probate in Michigan is the court process for handling estate property that does not pass by trust, beneficiary designation, transfer-on-death registration, or survivorship title. The court path depends on the assets, the will, family status, creditor issues, and whether a small-estate shortcut fits.

This guide gives Michigan families a starting map. It is not legal advice. Use the county probate court, current SCAO forms, and counsel for filing decisions.

When Michigan Probate May Be Needed

Michigan probate may be needed when the decedent owned property in their name alone and no nonprobate transfer controls that property. Typical probate assets include individually titled bank accounts, vehicles without a direct transfer path, personal property, and real estate titled only in the decedent's name.

Probate may not be needed for every asset. A life insurance policy with a living beneficiary, a retirement account with a beneficiary, a trust asset, or jointly owned property with survivorship rights often passes outside the estate.

Start with title and beneficiary review before filing. A will says who should receive probate property, but it does not by itself move nonprobate assets.

Main Michigan Estate Paths

Michigan has full estate administration and small-estate procedures. The right path depends on what needs to be transferred.

Informal or Formal Probate

If the estate needs a personal representative, Michigan probate usually starts with an application or petition in the county probate court. The SCAO informal probate application is PC 558. A personal representative receives authority from the court, gathers estate property, handles notices, pays valid claims, and distributes what remains.

Formal probate may be needed when there is a dispute, a testacy question, a contested appointment, or another issue that needs a judge.

Petition and Order for Assignment

MCL 700.3982 allows a court order distributing a small estate when funeral and burial expense requirements are met and the remaining gross estate is within the statutory dollar cap. The statute uses a $50,000 base amount, adjusted under MCL 700.1210. The SCAO form for this path is PC 556.

This path can include property assigned by court order. An heir other than a surviving spouse or minor child may remain responsible for unsatisfied debts for 63 days after the order, up to the value received.

Affidavit of Decedent's Successor

MCL 700.3983 allows a successor to collect certain personal property by sworn statement after 28 days. The estate must include no real property, the net estate must fit the statutory cap, and no personal representative appointment may be pending or granted. The SCAO form for this path is PC 598.

This is often a bank, security, or personal-property collection path. It is not the right tool for real estate.

Early Deadlines

Michigan has a few early timing rules families often track.

Topic	Timing
Will delivery	A custodian of a will or codicil must forward it to the court with reasonable promptness after death
Successor affidavit	Wait more than 28 days after death before using the MCL 700.3983 sworn statement
Creditor notice	A personal representative who publishes notice gives creditors 4 months after publication to present claims

The 4-month creditor period does not mean every estate closes in 4 months. It is one claims deadline inside the wider estate process.

Probate Costs and Fees

Michigan Courts publishes probate court fee tables. The fee table lists a $150 filing fee for commencing many civil actions in probate court, a $20 fee for many motions, petitions, accounts, objections, or claims after a case begins, and a separate inventory fee schedule for decedent estate cases.

County practice can affect payment method, copies, and local packet requirements. Check the county probate court page before filing.

What the Personal Representative Does

A Michigan personal representative usually needs to:

Identify probate and nonprobate assets
File the will if one exists
Ask the probate court for appointment when appointment is needed
Notify interested persons
Publish and send creditor notices when required
Inventory estate assets
Keep estate funds separate
Pay valid claims and expenses in the right order
Distribute remaining property under the will or Michigan intestacy rules

Do not distribute early just because family members agree. Creditors, allowances, liens, taxes, and court orders can change the order of payment.

If There Is No Will

When a Michigan resident dies without a valid will, Michigan intestate succession rules decide who inherits probate property. A surviving spouse may receive all or a statutory first amount plus a share of the balance, depending on whether descendants or parents survive. Property not passing to a spouse moves to descendants, parents, descendants of parents, and then grandparent lines under MCL 700.2103.

Read the Michigan intestate succession guide before assuming equal shares. If a vehicle is the main asset, compare the estate path with the Michigan vehicle title transfer guide.

Michigan Tax Notes

Michigan Treasury states that Michigan inheritance tax remains in effect only for people who inherited from someone who died on or before September 30, 1993. Current estates may still need federal tax review, final income tax filings, property tax review, and transfer tax review.

Next Steps

List every asset and how it is titled.
Separate assets that pass outside probate.
Check whether MCL 700.3982 or MCL 700.3983 may fit.
Find the county probate court and current SCAO forms.
Consider counsel when the estate has real estate, creditor disputes, family conflict, missing heirs, business assets, or unclear title.

Sources:

Title: MCL 700.3982, Court order distributing small estates. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-3982
Title: MCL 700.3983, Collection of personal property by sworn statement. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-3983
Title: MCL 700.2516, Delivery of will or codicil by custodian. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-2516
Title: MCL 700.3801, Notice of creditors. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-3801
Title: Probate Court Fee Tables. Publisher: Michigan Courts. Publication Date: February 2025. URL: https://www.courts.michigan.gov/siteassets/court-administration/resources/pfee.pdf
Title: Inheritance Tax Frequently Asked Questions. Publisher: Michigan Department of Treasury. Publication Date: not listed. URL: https://www.michigan.gov/taxes/iit/tax-guidance/tax-situations/inheritance-tax-frequently-asked-questions

This guide provides general information about Michigan probate. Verify current requirements with the county probate court or a Michigan probate attorney.