Selling Inherited Property In Michigan

It is not legal advice. Verify current requirements with the county probate court, relevant agency, or qualified Michigan counsel before acting.

Selling inherited property in Michigan starts with title. A buyer, title company, or county register of deeds will need a valid chain of authority before an inherited house or land can transfer.

This guide provides general Michigan inherited-property sale information. Ask Michigan counsel or a title professional before signing a listing agreement, deed, or closing statement.

First Check Who Owns The Property

Start with the deed and any trust records. Michigan real estate may pass through:

A revocable living trust
Survivorship title
Probate appointment and personal representative deed
Small-estate assignment order when the facts fit
Intestacy or will distribution after court authority

If the decedent lived outside Michigan, review Michigan ancillary probate before assuming the home-state executor can sell Michigan property.

When Probate Authority Is Needed

Solely owned real estate usually needs probate authority unless another valid transfer path exists. A will names who should receive probate property, but it does not by itself sign a deed or clear title.

A personal representative's authority starts after appointment. MCL 700.3701 addresses the time of accrual of personal representative duties and powers, and MCL 700.3715 lists many powers of a personal representative.

For the local authority document, read Michigan letters of authority.

Trust-Owned Property

If a Michigan revocable living trust owns the property, the successor trustee may handle the sale under the trust terms. The trustee should confirm authority, collect death certificates, review title, and keep sale records for beneficiaries.

Use Michigan trust administration before distributing sale proceeds.

Tax Basis Records

Inherited property often needs date-of-death value records. IRS Publication 551 explains basis rules for inherited assets. A date-of-death appraisal can help when the property is later sold.

Keep the appraisal, closing statement, improvement records, commission records, and seller-paid costs. Read Michigan step-up in basis before the sale closes.

Debts, Liens, And Sale Proceeds

Before distributing sale proceeds, check mortgages, taxes, liens, estate expenses, creditor claims, family allowances, and court orders. A title company may handle some liens at closing, but the personal representative or trustee still needs a full accounting.

For payment order, use Michigan debt payment priority and Michigan probate accounting.

County Recording Checks

Michigan county recording requirements can affect deed format, tax forms, property transfer affidavits, transfer tax review, and local fees. MCL 565.48 addresses recording proof of death for some survivorship transfers, but it does not make every inherited-property sale nonprobate.

Check the county register of deeds before closing. If the deed chain is unclear, ask the title company what court order or fiduciary document it needs.

Sources:

Title: MCL 700.3701, Time of accrual of duties and powers of personal representative. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-3701
Title: MCL 700.3715, Transactions authorized for personal representatives. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-3715
Title: MCL 565.48, Deed by surviving joint tenant of lands. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-565-48
Title: Publication 551, Basis of Assets. Publisher: Internal Revenue Service. Publication Date: current IRS publication page. URL: https://www.irs.gov/publications/p551

This guide provides general Michigan inherited-property sale information. Verify title, tax, court, and recording requirements before selling inherited property.