Probate in Michigan: What Families Need to Know

When someone dies, the people closest to them are asked to make decisions at the worst possible time. Funeral arrangements, family notifications, and grief arrive first. Paperwork arrives right behind them.

 

Probate is that paperwork. Understanding how it works ahead of time makes the process far less intimidating.

 

What Probate Is

 

Probate is the court process for transferring what a person owned in their own name at death. In Michigan it is governed by the Estates and Protected Individuals Code, known as EPIC. The probate court validates the will if there is one, appoints a personal representative, oversees payment of debts and taxes, and confirms distribution to the heirs or beneficiaries.

 

Cases are filed in the probate court for the county where the person lived. For families in our area, that usually means Oakland, Macomb, or Wayne County.

 

Not Every Estate Needs Full Probate

 

Michigan offers a simplified path for smaller estates. For deaths occurring in 2026, an estate valued at $53,000 or less, after funeral and burial expenses, may qualify for a small estate process rather than full administration. That figure is adjusted annually for cost of living.

 

Many assets also pass entirely outside of probate, including life insurance with a named beneficiary, retirement accounts with a valid beneficiary designation, property held jointly with rights of survivorship, real estate covered by a Lady Bird deed, and assets properly titled in a trust.

 

Informal and Formal Proceedings

 

Michigan offers two main tracks.

 

Informal probate is the more common route. It is reviewed by the probate register rather than a judge, and it works well when the will is clear and nobody is contesting anything. No hearing is required to open the estate.

 

Formal probate involves a judge. It is used when the will is challenged, when heirs are unknown or in dispute, or when a question arises that requires a ruling.

 

In either case, the personal representative carries real obligations: notifying heirs within 14 days of appointment, publishing notice to creditors, preparing an inventory, and accounting for every dollar that moves.

 

With a Will Versus Without One

 

A will names the personal representative and directs where property goes. The court's role is largely to confirm and supervise.

 

Without a will, Michigan's intestate succession statute decides. For deaths in 2026, a surviving spouse generally receives the first $301,000 of the intestate estate plus half of the remaining balance when all of the decedent's children are also the spouse's children.

 

Different family structures produce different splits, and none of them consider what the person actually wanted.

 

That is the difference families feel most. With a will, the estate follows a plan. Without one, it follows a formula.

 

How Long It Takes

 

A straightforward informal estate frequently takes several months to a year, in large part because creditors must be given time to present claims. Contested or complex estates take considerably longer.

 

Where to Start

 

If you have recently lost a loved one, begin by locating the original will, gathering death certificates, and making a list of accounts and property titled in the person's name alone. That list determines which path the estate takes.

 

Probate can be a frustrating experience, and our goal is to educate and facilitate the process rather than leave a family to navigate it alone. If you are unsure where to begin, call us at (248) 466-0303 or reach us through our contact page to schedule a consultation.