Here’s a scenario that plays out across Southeast Michigan more often than most families expect: Mom lived her whole life in Macomb County, but she bought a condo in Florida fifteen years ago for the winters. She has three adult children, one still in Shelby Township, one in Texas, and one in California. She passes away, and the family assumes they’ll open one probate case in Michigan and handle everything from there.
That’s not how it works. When a Michigan resident dies owning real property in another state, the family doesn’t get one probate process, they get two or more. Michigan handles the primary (domiciliary) probate for the decedent’s estate. But real estate in Florida, Arizona, or any other state requires a separate ancillary probate in that state’s courts, governed by that state’s laws. Each proceeding has its own filing requirements, its own timelines, its own costs, and often its own attorney.
Add scattered heirs across multiple time zones, each with different communication preferences, different levels of cooperation, and different expectations, and what seemed like a manageable estate becomes a multi-jurisdictional coordination challenge with real financial and legal consequences.
Under Michigan’s Estates and Protected Individuals Code (MCL 700.1101 et seq.), the personal representative has a duty to administer the entire estate, but their authority has geographic limits. Understanding those limits before you file is the difference between a controlled process and an expensive, drawn-out ordeal.
Michigan as the Home Court: Where Primary Probate Begins
Primary probate is opened in the Michigan county where the decedent was domiciled at death. Under MCL 700.3201, the probate court in the county of domicile has jurisdiction over the decedent’s estate. For a resident of Shelby Township, that’s Macomb County Probate Court. For a Troy resident, Oakland County. For someone in Detroit or Dearborn, Wayne County.
The Michigan probate court handles the bulk of estate administration, appointing the personal representative, issuing letters of authority, overseeing creditor claims, managing asset distribution, and supervising (or not supervising) the administration depending on whether the estate is formal or informal, supervised or unsupervised.
But here’s what catches families off guard: Michigan’s letters of authority don’t automatically grant the personal representative power over property in other states. Real property is governed by the law of the state where it’s located, not the state where the decedent lived. A personal representative appointed in Macomb County cannot simply sell a Florida condo or transfer title to an Arizona vacation home using Michigan court documents alone.
The personal representative’s duties don’t stop at the Michigan border, but their authority does. When the estate includes out-of-state real property, ancillary probate in each state becomes necessary, unless the decedent planned ahead with tools specifically designed to avoid it.
Ancillary Probate: The Second (or Third) Proceeding Nobody Expected
Ancillary probate is a separate court proceeding opened in any state where the decedent owned real property outside their home state. If a Michigan decedent owned a condo in Florida and a cabin in North Carolina, the family faces three probate proceedings: primary in Michigan, ancillary in Florida, and ancillary in North Carolina.
Each ancillary proceeding is a distinct legal case with its own requirements:
- Filing a petition in the out-of-state court, often accompanied by exemplified (certified) copies of the Michigan probate orders, the will, and the letters of authority
- Appointing a personal representative recognized by that state – some states allow the Michigan-appointed representative to serve, while others require a resident of that state to be appointed or to serve as co-representative
- Following that state’s probate rules for creditor notice, real property sales, title transfers, and distribution
- Paying that state’s filing fees, attorney fees, and potentially state-level estate or inheritance taxes that Michigan doesn’t impose
Exemplified Orders: The Bridge Between Courts
When opening ancillary probate, the out-of-state court needs proof that Michigan has already admitted the will and appointed a personal representative. This typically requires exemplified copies of the Michigan court orders, which are certified copies with additional authentication from the court clerk and sometimes the county or state. These are more than simple certified copies; they carry formal attestation that the other state’s court will accept as proof of the Michigan proceedings.
Obtaining exemplified orders takes time and involves additional fees. Personal representatives who don’t anticipate this step often face delays that push back the ancillary timeline by weeks or months.
Local Counsel Is Not Optional
Every ancillary probate proceeding requires an attorney licensed in that state. A Michigan probate attorney cannot file pleadings, appear in court, or advise on legal requirements in Florida, Arizona, or any other jurisdiction. The personal representative needs local counsel in each state where ancillary probate is required.
This means additional attorney-client relationships, additional fees, and the need for careful coordination between the Michigan attorney managing primary probate and the out-of-state attorneys handling ancillary proceedings. In our experience serving families across Macomb County, Oakland County, and Wayne County, the estates that move most efficiently are the ones where the Michigan attorney takes the lead on coordinating communication across all jurisdictions, establishing clear timelines, identifying dependencies, and ensuring nothing falls through the cracks.
Coordinating Multiple Jurisdictions Without Losing Control
When an estate involves proceedings in two or more states, coordination becomes the personal representative’s most important job – and the area where the most costly mistakes happen.
Establish the Administration Sequence Early
Not everything can happen simultaneously. The Michigan primary probate typically needs to be opened first, because the ancillary courts will require exemplified copies of Michigan orders before they’ll proceed. Map out the sequence early:
- Open primary probate in Michigan and obtain letters of authority
- Request exemplified copies of all relevant Michigan orders
- Engage local counsel in each ancillary state
- File ancillary proceedings with the exemplified Michigan documents
- Coordinate creditor notice periods – each state has its own timeline, and the estate cannot close until all creditor periods have expired in every jurisdiction
Handle State-Specific Tax Obligations
Michigan does not impose a state estate tax or inheritance tax. But other states do. If the decedent owned property in a state with its own estate tax (like New York or Massachusetts) or inheritance tax (like Pennsylvania or New Jersey), the personal representative must comply with those states’ filing requirements, even if no Michigan tax is owed.
Failing to file a required state tax return in an ancillary jurisdiction doesn’t just create penalties. It can result in liens on the out-of-state property that block title transfers and delay the entire estate.
Manage Local Debts and Expenses
Out-of-state real property comes with local obligations: property taxes, HOA fees, insurance premiums, utility bills, and maintenance costs. These don’t pause because the owner died. The personal representative is responsible for ensuring these obligations are met from estate funds while the ancillary probate is pending, and for understanding whether those expenses are paid from the general estate or allocated specifically to the property generating them.
Practical Challenges When Heirs Are Scattered Across the Country
Out-of-state property creates procedural complexity. Out-of-state heirs create communication complexity – and communication breakdowns are one of the leading causes of probate disputes.
Serving Required Notices Across State Lines
Michigan law requires the personal representative to provide notice to all interested parties, heirs, beneficiaries, and creditors. When heirs live in other states, this means:
- Verifying current addresses for every heir, which may require skip tracing or investigative efforts for heirs who have moved without leaving forwarding addresses
- Complying with service requirements – Michigan’s notice provisions under MCL 700.3705 must be followed regardless of where the heir lives, and some out-of-state heirs may require service by certified mail or other methods
- Accounting for time zone differences when scheduling calls, mediations, or court appearances that involve participants across the country
Digital Communication and Transparency
The personal representative who communicates proactively with scattered heirs faces fewer disputes than the one who goes silent. Establish a communication framework early:
- Use secure email or a shared digital portal to distribute updates, accountings, and documents – avoid informal text messages for substantive estate communications
- Send regular written updates on a predictable schedule (monthly or at key milestones) so heirs aren’t left wondering what’s happening
- Document every communication – when disputes arise, the personal representative’s written record of timely, transparent communication is their strongest defense
Dealing with Uncooperative Out-of-State Beneficiaries
Not every heir cooperates. Some don’t respond to notices. Some refuse to sign necessary documents. Some actively obstruct the process because they disagree with the will’s terms or the personal representative’s decisions.
An uncooperative heir in another state compounds every timeline. Documents that need signatures get delayed. Agreements that could resolve informally require court intervention instead. The personal representative may need to petition the Michigan court for authority to proceed without the uncooperative heir’s consent, which adds cost, delay, and adversarial dynamics to what might have been a straightforward administration.
“The families who struggle most with scattered heirs are the ones who didn’t have a clear estate plan in place. When the decedent’s wishes are unambiguous, documented, and legally sound, there’s less room for an uncooperative heir to create meaningful obstruction.”
Avoiding Ancillary Probate Entirely: The Planning Solution
The most effective way to handle out-of-state property in a Michigan probate is to keep it out of probate altogether. Michigan families who own property in other states have several planning tools that eliminate the need for ancillary proceedings:
Revocable living trusts.
Property titled in the name of a revocable living trust passes to beneficiaries through trust administration, not probate, regardless of which state it’s located in. A Michigan resident who transfers their Florida condo into their trust eliminates the need for Florida ancillary probate entirely. At Boroja, Bernier & Associates, comprehensive trust-based estate plans range from $2,500 to $5,500 – a fraction of what dual-state probate costs.
Transfer-on-death (TOD) deeds and beneficiary deeds.
Some states (though not all) recognize deeds that automatically transfer real property to named beneficiaries at death without probate. Availability and requirements vary by state.
Lady Bird deeds.
Michigan recognizes enhanced life estate deeds (Lady Bird deeds) for Michigan property, which avoid probate while preserving the owner’s full control during life. However, Lady Bird deeds only work for Michigan real estate, they don’t solve the out-of-state property problem unless the other state recognizes a similar instrument.
Joint tenancy with right of survivorship.
Property held in joint tenancy passes automatically to the surviving owner at death. This can be effective but carries risks, including exposure to the co-owner’s creditors and loss of control over who ultimately inherits the property.
Many Michigan families don’t realize that a $3,000 to $5,000 investment in proper estate planning can eliminate $15,000 to $30,000 or more in combined multi-state probate costs. For families who own snowbird property in Florida, Arizona, or the Carolinas, this isn’t a theoretical savings, it’s a predictable, avoidable expense that proper planning eliminates.
Frequently Asked Questions About Out-of-State Property and Heirs in Michigan Probate
The Michigan-appointed personal representative manages the primary estate, but their authority doesn’t automatically extend to other states. Each state where ancillary probate is required will have its own rules about who can serve as personal representative. Some states allow the Michigan representative to serve directly; others require a state resident to be appointed. In all cases, the Michigan representative remains responsible for coordinating the overall estate administration across jurisdictions.
Each probate proceeding generates its own costs, filing fees, local attorney fees, appraisals, and publication expenses, which are typically paid from the overall estate. The Michigan estate generally bears the costs of primary administration, while ancillary costs may be allocated to the specific property involved or paid from the general estate depending on the will’s terms and the personal representative’s judgment. For estates with property in two or more states, total combined costs can be significantly higher than a single-state probate, often $15,000 to $30,000+ when accounting for multiple attorneys, multiple court filings, and multiple sets of administrative expenses.
Real property is governed by the law of the state where it’s located, regardless of what Michigan law or the decedent’s will says. If a Michigan will includes provisions that conflict with another state’s property laws, for example, attempting to transfer Florida real estate in a way Florida doesn’t recognize, the other state’s law controls for that property. This is one of the strongest reasons for families with multi-state property to work with an estate planning attorney who understands how different states’ laws interact and can structure the plan to avoid conflicts.
Ancillary probate timelines depend on the state involved, but most add three to twelve months beyond the Michigan primary proceeding. The ancillary process can’t begin until the Michigan court has issued orders that can be exemplified and filed in the other state. Once filed, the ancillary proceeding follows that state’s own creditor notice periods, court schedules, and administrative requirements. Florida ancillary probate, for example, has its own mandatory creditor period and may require additional steps for homestead property.
In most cases, no. Michigan probate proceedings generally don’t require heirs to appear in person. Notices can be served by mail, documents can be signed remotely, and many courts accommodate telephonic or virtual appearances when hearings are necessary. However, if a dispute requires testimony or a contested hearing, the court may require in-person attendance, and out-of-state heirs who fail to respond to notices or participate in the process risk having decisions made without their input.
Yes, this is one of the most significant advantages of a revocable living trust for families with multi-state property. When out-of-state real estate is titled in the trust’s name, it passes to beneficiaries through trust administration rather than probate, regardless of which state the property is located in. No ancillary probate, no out-of-state attorney fees, no separate court proceedings. For Michigan families who own property in Florida, Arizona, the Carolinas, or other popular snowbird destinations, trust-based planning is often the single most cost-effective decision they can make.
The personal representative must open ancillary probate in the state where the property is located, even if the Michigan proceedings are well underway. Late-discovered property doesn’t get a pass, it still requires compliance with that state’s probate laws. This is another reason a thorough asset inventory early in the process is critical. Discovering out-of-state property months into administration creates delays, additional costs, and potential complications if creditor notice periods in the other state haven’t been properly initiated.
Plan Now or Pay Later: Talk to a Michigan Probate and Estate Planning Attorney
Out-of-state property and scattered heirs don’t have to turn a Michigan probate into a multi-state ordeal. But avoiding that outcome requires either proper planning before death or experienced guidance after it. The families who spend the least and finish the fastest are the ones who addressed multi-state property in their estate plan, or who engaged knowledgeable counsel immediately when probate became necessary.
At Boroja, Bernier & Associates, we help families across Macomb County, Oakland County, Wayne County, and throughout Southeast Michigan and Mid-Michigan navigate both sides of this equation, proactive estate planning that eliminates ancillary probate, and skilled probate administration when multi-state proceedings are unavoidable. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we coordinate the process so your family doesn’t have to manage it alone.
To schedule a consultation with the Michigan probate and estate planning attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. Whether your family is planning ahead or already navigating a multi-state estate, the right guidance now prevents the most expensive mistakes later.
