Probate in Michigan: A Complete Guide

Michigan operates under EPIC — the Estates and Protected Individuals Code — one of the more modern and comprehensive probate codes in the country. A key benefit: Michigan offers both formal (supervised) and informal (unsupervised) probate, letting families choose the level of court involvement that makes sense for their situation. This guide walks through every step, including the current small-estate and intestacy dollar amounts, which Michigan adjusts for inflation every year.

Does Michigan Require Probate?

Probate is required only for assets owned solely in the deceased's name without a beneficiary designation or joint ownership. Assets in a revocable living trust, payable-on-death accounts, joint tenancy property, retirement accounts with named beneficiaries, and insurance policies with named beneficiaries all pass outside probate. Michigan also allows Transfer on Death deeds for real property, which bypass probate entirely.

Small Estate Options in Michigan

Michigan provides two simplified options for smaller estates, both raised significantly by Public Act 1 of 2024 and now indexed to inflation each year under MCL 700.1210:

• Summary Proceeding (MCL 700.3982): When the estate's value is $53,000 or less (2026 inflation-adjusted figure, up from a $50,000 base set in 2024, which itself replaced the old $15,000 threshold), the court can order that the property — after paying funeral and burial expenses — be turned over directly to the surviving spouse, or to the heirs if there's no spouse. Heirs who receive property this way remain responsible for the decedent's unsatisfied debts, up to the value received, for 63 days after the order.
• Small Estate Affidavit (MCL 700.3983): When total estate assets don't exceed the same $53,000 2026 threshold, heirs can use a sworn affidavit to collect personal property without formal probate. You must wait 28 days after the death before using this option.

If the estate includes real property that's mortgaged, the outstanding mortgage debt (up to $250,000) is subtracted from the property's value when calculating whether the estate qualifies — a detail that lets many more Michigan families use these shortcuts than the raw asset value would suggest.

Types of Probate in Michigan (EPIC)

• Informal Probate (Unsupervised): The most common type for uncontested estates. The personal representative acts without court supervision for most tasks. Initiated by filing an application with the Probate Court Registrar.
• Formal Probate (Supervised): Required for contested wills, complex estates, or when the court orders supervision. Requires more court involvement and is more time-consuming and expensive.

Which Court Handles Probate in Michigan?

Michigan has a dedicated Probate Court in each county. These courts handle estates, guardianships, conservatorships, and trust matters. Filing fees are typically $150–$300 for initial filings, varying by county.

How Long Does Michigan Probate Take?

Informal probate typically takes 5–12 months; formal probate typically takes 12–18 months or longer. The creditor claim period — 4 months from the date of the personal representative's appointment, or 3 years from the date of death, whichever is earlier — sets the practical minimum timeline for closing most Michigan estates.

Bond Requirements in Michigan

A bond is generally required for informal probate unless waived by the will or by agreement of all interested parties. In formal supervised probate, the court sets bond requirements case by case.

Creditor Claim Period

Creditors have 4 months from the date the personal representative is appointed (or 3 years from the date of death, whichever is earlier) to file claims. The personal representative must publish a notice to creditors in a local newspaper and send direct notice to known creditors within 4 months of appointment.

What Happens Without a Will in Michigan?

Under MCL 700.2102, the statute sets base dollar figures of $150,000 and $100,000, which Michigan's Department of Treasury adjusts for inflation every year under MCL 700.1210. For 2026, the adjusted figures are $301,000 and $201,000:

• No surviving descendants or parents: The spouse inherits the entire estate.
• Descendants are all shared with the spouse, no other spousal descendants: Spouse takes the first $301,000, plus half the balance; the shared children take the rest.
• No descendants, but a surviving parent: Spouse takes the first $301,000, plus three-quarters of the balance; the parent(s) take the remaining quarter.
• Decedent has descendants from outside the marriage (e.g., children from a prior relationship): Spouse takes the first $201,000, plus half the balance; those descendants take the rest.

These dollar figures adjust again each January, so always confirm the current-year amount for the actual date of death.