Michigan Probate: The Process Nobody Explains Until You’re Already In It

You just found out you’re responsible for settling an estate. The funeral’s barely over, and now you’re supposed to navigate a legal process you’ve never dealt with before—while everyone waits for answers you don’t have. Most attorneys will tell you probate is “straightforward.” It is, if you know what you’re doing. The problem is, you don’t. That’s not an insult. It’s just reality. At Boroja, Bernier & Associates, we handle the legal machinery so you can handle your family.

Serving Southeast Michigan | Central Michigan | Mid-Michigan

Here’s What Nobody Tells You About Probate

Probate has a reputation problem. People think it means years of court battles, lawyers billing for every email, and families torn apart fighting over grandma’s china.

Sometimes? That happens. But not because probate is inherently broken.

Probate drags on when families bring their dysfunction into a legal process with deadlines. When siblings who haven’t spoken in years suddenly have opinions about dad’s truck. When someone convinces themselves they were promised something that isn’t in the will. When beneficiaries fight over things that don’t matter and refuse to let go of grievances that have nothing to do with the estate.

No attorney can fix family dysfunction. What we can do is keep the process moving despite it—document everything, follow the rules, meet every deadline, and not let one difficult beneficiary hold an entire estate hostage.

Probate also goes sideways when people try to handle it themselves without understanding the rules. DIY personal representatives who miss creditor deadlines, distribute too early, or file paperwork incorrectly create problems that cost far more to fix than proper guidance would have cost in the first place.

Real probate—probate done right—is paperwork. It’s deadlines. It’s a structured process governed by Michigan’s Estates and Protected Individuals Code (EPIC), starting at MCL 700.1101. Follow the rules, meet the deadlines, document everything, and you’re typically done in nine to twelve months.

And here’s what most people don’t realize: a good probate attorney doesn’t just push paper. We know how to use Michigan’s creditor claim procedures strategically. Every debt isn’t automatically valid just because a creditor sends a bill. Claims can be disputed. Deadlines can work in your favor. The difference between a probate attorney who just processes paperwork and one who actually understands creditor procedures? Tens of thousands of dollars—money that either goes to creditors or stays with the family.

Case in point: We closed an estate in late 2025 where the personal representative was facing over $70,000 in creditor claims. By properly evaluating those claims, challenging what could be challenged, and using Michigan’s creditor procedures the way they’re supposed to be used, we eliminated those debts entirely. The personal representative paid $10,000 in total legal fees for the entire administration. She walked away $60,000 ahead of where she would have been without us—or with an attorney who just rubber-stamps every creditor claim that comes in.

Her response? Months after the estate closed, she accused us of trying to bill extra hours to pad our fees.

Seriously? We would never do that. That’s completely obscene. The creditor strategy was part of an overall case approach we developed specifically for her situation—a strategy she agreed to, by the way—and it worked. She’s $60,000 in the positive, and she’s complaining about the bill that got her there.

We share this story because it illustrates something important about probate: you pay for quality. You can hire a less experienced attorney. You can find someone cheaper. You can try to do it yourself. And maybe you’ll save a few thousand dollars—or maybe you’ll pay five to ten times what a good attorney would have cost because the strategy was wrong, the creditor procedures weren’t used properly, or mistakes created liability that didn’t need to exist.

The $10,000 she paid us saved her $70,000. That’s not a cost. That’s a return on investment. We deliver results whether clients appreciate it or not. That’s what “raise the standard” actually means. Not doing good work to be recognized. Doing good work because it’s the standard. Period.

Most estates don’t have $70,000 in creditor claims to fight. But every estate benefits from an attorney who knows the rules well enough to use them strategically—not just follow them blindly.

Quotable Expert Statement: “Most probate ‘horror stories’ come from two places: families who bring years of dysfunction into a process with legal deadlines, or personal representatives who tried to figure it out themselves and made costly mistakes. The process itself is predictable. What makes probate expensive is conflict that didn’t need to happen and errors that didn’t need to be made. Our job is to keep things moving, protect you from liability, and—when we can—use the rules to put more money in beneficiaries’ pockets. We recently saved one estate over $70,000 in creditor claims. The client complained about our fees anyway. We did the right thing regardless. That’s the standard.”

First Question: Do You Even Need Probate?

Before you file anything, stop. Not every estate requires probate, and opening one unnecessarily wastes time and money.

Probate exists to transfer assets that are stuck. Assets titled solely in the deceased’s name with no beneficiary designation and no surviving joint owner. Those assets can’t move without court authority.

What typically requires probate:

• Bank accounts in the deceased’s name alone (no POD designation)
• Real estate titled only in the deceased’s name
• Investment accounts without beneficiary designations
• Vehicles over $100,000 (under that, Michigan has a simplified transfer)
• Business interests held individually

What bypasses probate entirely:

• Joint accounts and joint real estate (survives to the other owner automatically)
• POD/TOD accounts (passes directly to named beneficiary)
• Life insurance and retirement accounts with beneficiaries
• Anything in a properly funded trust

Here’s the catch: even if most assets bypass probate, you might still need to open an estate. Someone has to file the final tax returns. Someone has to deal with that one account nobody thought to retitle. Someone has to have legal authority to close out the deceased’s affairs.

And if the estate qualifies as “small” under MCL 700.3982-3983—assets under $50,000 after liens—you might be able to skip formal probate entirely and collect assets by affidavit.

We’ll tell you what you actually need. Not what generates the most fees. What actually makes sense for your situation.

Opening the Estate: How It Actually Works

You’ve determined probate is necessary. Now you need Letters of Authority—the document that gives you legal power to act for the estate. Without it, you’re just a family member with no legal standing. Banks won’t talk to you. Title companies won’t work with you. You can’t do anything.

Here’s the process:

Step 1: File with the right court. Michigan probate happens in the county where the deceased lived. Not where they died. Not where the assets are. Where they resided.

Step 2: Submit the application. If there’s a will, you’re filing for informal probate under MCL 700.3301-3311. You’ll need:

• The original will (copies don’t cut it)
• Certified death certificate
• Filing fee ($150-$250 depending on county)
• Your acceptance of appointment

Step 3: Get appointed. If nobody objects and your paperwork is correct, the court issues Letters of Authority. No hearing required. No standing in front of a judge. You file, they process, you’re appointed.

That’s informal probate. It’s how roughly 90% of Michigan estates proceed.

When does it get formal? When someone contests the will. When multiple people want to be personal representative. When beneficiaries are already fighting before the estate even opens. Formal probate means hearings, judicial oversight, and significantly more time and cost.

We structure every matter for informal administration when possible. Not because we’re avoiding work—because informal is faster, cheaper, and gets your family to resolution sooner.

The Work That Actually Matters: Inventory, Creditors, and Not Screwing It Up

Letters of Authority in hand, you’re now the personal representative. Congratulations. You have legal duties—and personal liability if you breach them.

MCL 700.3703 spells out what you owe the estate. It’s not a suggestion list.

The Inventory (91 days)

Within 91 days of appointment, you prepare a formal inventory of estate assets under MCL 700.3706. Every account. Every property. Every asset of value. With date-of-death values.

This isn’t busywork. The inventory establishes what the estate owns. It’s what beneficiaries use to verify they’re getting their share. It’s what the IRS looks at. Get it wrong, and you’ve created problems that follow you through the entire administration.

The Creditor Claim Period (4 months minimum)

This is the deadline that matters most—and the one people screw up constantly.

Under MCL 700.3801-3816, you must notify known creditors and publish notice to unknown creditors. From the date of publication, creditors have four months to file claims.

You cannot safely distribute anything to beneficiaries until this period closes.

Read that again. Four months minimum before distributions. Distribute early, and you’re personally on the hook if a valid creditor shows up later. We’ve seen personal representatives write five-figure personal checks because they got impatient and distributed before the claim period closed.

We handle creditor notices correctly—identifying known creditors, publishing proper notices, evaluating claims that come in, and pushing back on claims that aren’t valid. When the period closes, you’ll know exactly what the estate owes.

Ongoing Management

During administration, you’re managing estate assets. That means:

• Keeping funds in proper accounts (not your personal checking)
• Maintaining insurance on property
• Paying ongoing expenses
• Filing required tax returns
• Documenting everything

Quotable Expert Statement: “The four-month creditor period isn’t a suggestion—it’s your liability shield. Personal representatives who distribute assets early are betting their personal assets that no creditor will appear. That’s not a bet we let our clients make.”

Taxes: The Returns You Didn’t Know Existed

Most personal representatives know about the deceased’s final tax return. They don’t know about the others.

Final Individual Returns

The deceased’s last Form 1040 and MI-1040, covering January 1 through date of death. Due by the normal April deadline.

Estate Income Tax (Form 1041)

If the estate earns income during administration—interest, dividends, rental income, gains from selling assets—the estate files its own tax return. The estate is a separate taxpayer. It needs its own tax ID number. This catches people off guard every time.

Federal Estate Tax (Form 706)

Only for estates exceeding $15 million (as of 2026). Michigan has no state estate tax. Most estates don’t owe estate tax, but if yours might, this requires serious planning.

We coordinate with your CPA or accountant on tax filings. We’re not preparing returns, but we make sure the administration supports proper tax compliance and nothing falls through the cracks.

Distribution and Closing: Getting to Done

Creditors addressed. Taxes handled. Assets accounted for. Now you distribute to beneficiaries and close this thing.

The Final Accounting

Before you distribute, prepare an accounting showing exactly what happened:

• Assets that came into the estate
• Debts, expenses, and taxes paid
• Administrative costs (including attorney fees)
• What remains
• How it gets divided

Beneficiaries are entitled to this information. Clear accounting prevents disputes later. And it protects you—documentation that shows you did everything right.

Making Distributions

Follow the will. Or if there’s no will, follow Michigan’s intestacy statutes. This sounds simple until you’re dealing with specific bequests, trusts for minors, beneficiaries who can’t be located, or family members who think they should have gotten more.

We document distributions, obtain receipts, prepare deeds for real estate transfers, and make sure everything is properly recorded.

Closing the Estate

Michigan recognizes two ways to close:

Sworn Statement (MCL 700.3954): You file a sworn statement that administration is complete and the estate is fully distributed. This is how most informal administrations close.

Formal Closing: You petition the court for approval of your actions with a full accounting. The court reviews everything and formally discharges you. This provides maximum protection if you’re concerned about beneficiary challenges.

Which approach? Depends on your situation. Simple estate, cooperative beneficiaries—sworn statement works fine. Complex estate, contentious family—formal closing might be worth the extra step.

When we close an estate, you’re done. Documentation in hand. Liability behind you. No loose ends waiting to bite you later.

Real Talk: Timeline and Costs

Everyone wants to know how long and how much. Here’s the truth.

Timeline:

Absolute minimum: Six months. The four-month creditor period plus time to open, gather assets, and close.

Typical straightforward estate: Nine to twelve months. No complications, cooperative beneficiaries, clean asset picture.

Complicated estates: Twelve to twenty-four months. Real estate that needs to sell. Tax issues. Beneficiary disputes. Title problems. Missing documents. Every complication adds time.

What makes probate drag:

• Beneficiaries who won’t cooperate
• Assets that are hard to value or sell
• Title defects on real property
• Tax complications
• Creditor disputes
• Litigation of any kind

Costs:

Attorney fees for straightforward administration: $10,000 to $15,000. That covers opening the estate, Letters of Authority, creditor notices, inventory, accounting, distributions, and closing.

Administrative expenses: $1,000 to $3,000 for routine matters—court filing fees, publication costs, certified copies, recording fees, appraisals if needed.

Complex estates cost more. Contested matters cost significantly more. We provide transparent estimates upfront. You’ll know what you’re looking at before we start.

The cost of doing it wrong: Higher than doing it right. Improper creditor notices that extend liability. Distributions that create personal liability. Tax problems from poor documentation. We’ve seen DIY probate “savings” turn into five-figure mistakes.

Common Questions About Michigan Probate

Let’s Get This Estate Closed

You didn’t ask for this job. You got named personal representative because someone trusted you—and now you’re responsible for getting it right.

That’s a responsibility we take seriously.

At Boroja, Bernier & Associates, we don’t let estates sit on desks gathering dust. We don’t bill for motion and call it progress. We move with purpose because your family deserves resolution, not endless administration.

Hustle with grit isn’t a slogan. It’s how we close estates.

Call us. We’ll review your situation, tell you exactly what needs to happen, and give you honest numbers on timeline and cost. Then we’ll get to work—and we won’t stop until you’re done.

Call Us: (586) 991-7611
Email: admin@bbalawmi.com

Office Hours: Monday–Thursday: 9:00 AM–5:00 PM | Friday: 9:00 AM–3:00 PM | Saturday & Sunday: By Appointment

Service Area: Boroja, Bernier & Associates handles probate matters throughout Macomb County (Sterling Heights, Clinton Township, Warren, Shelby Township), Oakland County (Troy, Rochester Hills, Royal Oak, Southfield), Wayne County (Detroit, Livonia, Dearborn, Westland), Washtenaw County (Ann Arbor), Ingham and Eaton Counties (Lansing area), and surrounding communities. Headquarters in Shelby Township with additional offices in Troy, Ann Arbor, and Lansing.