Michigan's probate system gives executors a meaningful choice that many other states don't offer: supervised or unsupervised administration. Unsupervised administration — available for most Michigan estates — significantly reduces court involvement, speeds up the process, and keeps costs down.

What Is Probate in Michigan?

Probate in Michigan is handled by the Probate Court in the county where the deceased lived. Michigan's 83 counties each have their own Probate Court. Michigan probate is governed by the Estates and Protected Individuals Code (EPIC), MCL §§ 700.1101–700.8206 — a version of the Uniform Probate Code that makes Michigan more flexible than many states. Neighboring Ohio uses a different probate framework but shares a similarly efficient approach for smaller estates.

Michigan Small Estate Options

Small Estate Affidavit (Under $25,000): If probate assets total $25,000 or less, heirs may collect the property using an Affidavit of Heirship without opening formal probate. The waiting period is 28 days after death.

Summary Proceedings: Available for estates where all assets are exempt, pass to the surviving spouse or minor children, or fall below certain thresholds.

Supervised vs. Unsupervised Administration

This is the most important decision in Michigan probate:

Supervised Administration — The court monitors and approves every major step. Adds time and cost but provides oversight and protects executors from later challenges. Appropriate when beneficiaries are in significant dispute, when a beneficiary is a minor or incapacitated, or when requested.

Unsupervised (Independent) Administration — The executor administers the estate with minimal court involvement. Required filings (opening, inventory, closing) proceed without court approval at each step. This is the default for most Michigan estates and is significantly faster and less expensive. Minnesota follows a similar informal probate model under the Uniform Probate Code.

Step-by-Step: The Michigan Probate Process

Step 1: Obtain Death Certificates — Order 10–15 certified copies.

Step 2: File with the Probate Court — File the will and petition, decide supervised vs. unsupervised, receive Letters of Authority. Filing fees: $150–$500.

Step 3: Notify Interested Persons — Send written notice to all heirs, beneficiaries, and known creditors within 14 days of appointment.

Step 4: Publish Notice to Creditors — Publish in a county newspaper. After publication, creditors have four months to file claims.

Step 5: File the Inventory — Within 91 days of appointment, file a complete inventory of all probate assets.

Step 6: Pay Debts and Taxes — Michigan has no inheritance tax and no state estate tax. File final federal and Michigan income tax returns.

Step 7: Distribute and Close — After paying all claims, distribute assets to beneficiaries. In unsupervised administration, file a Sworn Statement to close the estate without a court hearing. In supervised administration, file a formal account and obtain a court order.

How Long Does Michigan Probate Take?

Most Michigan estates under unsupervised administration take 6 to 12 months. The four-month creditor claim period sets the practical minimum. Supervised administration adds 3–6 months.

Michigan Probate Costs

• Personal representative's fee: 2–4% of estate (many family representatives waive)
• Attorney fees: 1–3% of gross estate
• Court filing fees: $150–$500
• Appraisal fees: $300–$1,500 for real estate
• Publication costs: $150–$350

Michigan Intestacy and the Blended Family Trap

Michigan's intestacy law includes an important trap for blended families: if the surviving spouse has stepchildren (children of the deceased from a prior relationship), the spouse receives only the first $150,000 plus half the remainder — not the entire estate. This can significantly reduce what the surviving spouse receives and is a common reason to have a properly updated will.

Michigan's Transfer-on-Death Deed

Since April 1, 2017, Michigan has allowed Transfer-on-Death Deeds for real estate (MCL § 565.801). A TOD deed is revocable, doesn't affect ownership rights during the owner's lifetime, and transfers real estate to a named beneficiary without probate.

Next Steps

Michigan's 91-day inventory deadline means executors must move quickly after appointment. EstateClarity helps you visualize the full estate from the will — who inherits what, where the gaps are — before the clock starts on filing deadlines.

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This article is for informational purposes only and does not constitute legal advice. Consult a qualified Michigan probate attorney for your specific situation.

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