You thought probate was complicated. Now imagine doing it twice – in two different states, with two different courts, two different sets of rules, and two different sets of fees. That’s ancillary probate.
When someone dies owning real property in a state where they didn’t live, probate has to happen in both places. The vacation cottage up north. The rental property across state lines. The inherited farmland in another state. Each creates a separate probate proceeding with its own timeline, costs, and headaches.
At Boroja, Bernier & Associates, we handle Michigan ancillary probate for out-of-state families – and help Michigan residents plan to avoid this mess entirely.
Serving Michigan Statewide for Ancillary Matters
Why Property Location Creates Double Probate
Here’s the basic rule: probate happens where the decedent was domiciled – their legal home. That’s the “domiciliary” or “primary” probate. The domiciliary court handles personal property wherever it’s located and real property in that state.
But real property in other states? That’s a different story.
Real estate is governed by the law of the state where it sits. Michigan courts have no authority over a condo in Florida. Florida courts have no authority over a cabin in Michigan. If someone dies owning real property in multiple states, separate probate proceedings are required in each state where real property exists.
The domiciliary probate is primary. The additional proceedings in other states are called “ancillary” probate – secondary proceedings that depend on and connect to the primary case.
This isn’t optional. You can’t just skip the ancillary probate because it’s inconvenient. Without it, you can’t sell the property, transfer title, or do anything that requires legal authority over that real estate.
“People are genuinely shocked when they learn they need two probates. They’ll say, ‘But we already opened probate in Ohio – why do we need another one in Michigan?’ Because Ohio has no authority over Michigan land. Every state controls the real property within its borders. Two states with property means two probates. Three states means three. I’ve seen estates with proceedings in four states simultaneously. The costs compound fast.”
When Ancillary Probate Is Required in Michigan
Michigan ancillary probate becomes necessary when someone who lived outside Michigan dies owning Michigan real property.
Common Scenarios
- The Vacation Property: A Florida resident owns a cottage on a lake in Northern Michigan. They’ve spent summers there for 30 years. When they die, their family opens probate in Florida (domiciliary) and must open a separate ancillary proceeding in Michigan to deal with the cottage.
- The Rental Property: An Ohio resident owns a rental duplex in Detroit – an investment property they’ve never lived in. The Ohio probate handles everything except that duplex. Michigan ancillary probate is required to transfer or sell it.
- The Inherited Land: A Texas resident inherited farmland in Michigan from their parents years ago. They never moved to Michigan, never lived on the property, but they still own it. When they die, Texas handles the primary probate; Michigan handles the farmland through ancillary proceedings.
- The Snowbird: Someone splits time between Michigan and Arizona but is legally domiciled in Arizona. They own homes in both states. Arizona handles the primary probate; Michigan requires ancillary proceedings for the Michigan home.
What Triggers It
The key is real property – land and anything permanently attached to it (houses, buildings, fixtures). Personal property (bank accounts, vehicles, investments, tangible items) is handled by the domiciliary state regardless of where it’s physically located. But real estate requires local authority.
If the decedent owned any interest in Michigan real property – whether a house, vacant land, a condo, a timeshare, or even mineral rights – and they weren’t domiciled in Michigan, ancillary probate is required.
The Michigan Ancillary Probate Process
Michigan’s ancillary probate process is governed by MCL 700.4101 – 700.4207. While it’s designed to work alongside a domiciliary proceeding, the relationship between the two is more nuanced than most people realize.
The Domiciliary Question: Do We Have to Wait?
Technically, no. Michigan can open probate for a non-resident who owns Michigan property even if probate hasn’t been opened in their home state yet. But practically, opening domiciliary probate first almost always makes more sense.
Most states require the original signed will to open probate. If you try to open Michigan probate first, you can’t use authenticated court documents from the home state as a basis for the Michigan application – because those documents don’t exist yet. That means Michigan would need the original will. But if you give Michigan the original, what happens when you try to open probate in the home state? They want the original too.
When domiciliary probate is opened first, the personal representative appointed there may have priority for appointment in Michigan as well (MCL 700.4204). This means one person can handle both proceedings, coordinating administration without the complexity of different representatives in different states.
The Practical Sequence
For most situations, the logical order is:
(1) Open probate in the domiciliary state;
(2) Obtain certified copies of the will as admitted to probate, Letters of Authority, and death certificate;
(3) Use those authenticated documents to open Michigan ancillary probate;
(4) The domiciliary personal representative seeks appointment in Michigan or nominates someone else to serve.
What You’ll Need for Michigan Ancillary
When domiciliary probate is established, you’ll typically bring to Michigan: certified copies of the will as admitted in the domiciliary state, Letters of Authority (or equivalent) from the domiciliary court, a death certificate, and the legal description of the Michigan real property. Ancillary probate is filed in the Michigan county where the real property is located.
The Ancillary Representative’s Michigan Duties
Once appointed, the Michigan ancillary representative must inventory the Michigan real property, address Michigan-specific creditors and obligations (property taxes, association fees, local liens), transfer or sell the property as directed, coordinate with the domiciliary representative on overall estate administration, and potentially transfer proceeds to the domiciliary estate for final distribution under MCL 700.3919.
The Cost Reality: Why Ancillary Probate Hurts
Ancillary probate isn’t just an administrative hassle – it’s expensive. And the costs come from multiple directions.
Attorney Fees – In Both States
You need an attorney in the domiciliary state for the primary probate. And you need a Michigan attorney for the ancillary proceeding. Two sets of legal fees. Michigan ancillary probate for straightforward matters – single property, clear title, no complications – typically runs $8,000 to $12,000 in attorney fees. More complex situations (multiple properties, title issues, creditor complications, disputes) cost more. Add domiciliary legal fees, and the total for a two-state estate can easily reach $20,000 to $30,000 or more.
Delays and Carrying Costs
While the ancillary estate is open, the property sits in limbo – you can’t sell it, you can’t refinance it, and you’re paying property taxes, insurance, utilities (especially important in Michigan winters – frozen pipes in a vacant cottage are expensive), HOA fees, and general maintenance. Coordination between proceedings adds 3–6 months beyond what a single-state probate would require.
The Total Picture
A family with a $300,000 vacation home in Michigan and a primary residence in another state might spend $8,000–$12,000 on domiciliary probate, $8,000–$12,000 on Michigan ancillary probate, and $3,000–$6,000 in carrying costs during the process – totaling $19,000–$30,000 in direct costs, plus months of delay before they can sell or transfer.
Compare that to the cost of planning to avoid ancillary probate in the first place: typically $2,500–$5,500 to properly establish a trust that holds property in any state. If you’re facing an ancillary probate situation, call Boroja, Bernier & Associates at (586) 991-7611 for a straightforward assessment.
When Michigan Residents Own Out-of-State Property
The ancillary problem works both ways. If you’re a Michigan resident who owns real property in another state, your family will face ancillary probate in that state when you die.
The Florida Condo: Michigan snowbirds are notorious for buying condos in Florida, Arizona, or other warm-weather states. That condo creates a Florida (or Arizona) ancillary probate – governed by that state’s laws, with that state’s courts, requiring a local attorney.
The Family Cabin Across the Border: Indiana, Ohio, and Wisconsin are close enough that Michigan residents sometimes own property there. Each state requires its own ancillary proceeding.
Investment Properties: Real estate investors often buy properties wherever the numbers work – regardless of state lines. A Michigan investor with rental properties in three states creates a potential four-state probate situation (Michigan domiciliary plus three ancillary proceedings).
Inherited Property: You inherited land in your parents’ home state but never moved there. When you die, your Michigan probate can’t touch it. Your family needs ancillary probate in that state.
If you’re a Michigan resident who owns out-of-state property, planning now prevents your family from dealing with multi-state probate later. The tools exist to avoid this – trusts, proper titling, enhanced life estate deeds (in Michigan), and LLC structures. But they require action while you’re alive. Call (586) 991-7611 to discuss your multi-state situation with Boroja, Bernier & Associates before it becomes your family’s problem.
How to Avoid Ancillary Probate Entirely
The best ancillary probate is the one that never happens. Several planning strategies can eliminate the need for multi-state proceedings.
1. Revocable Living Trust
Transfer the out-of-state property into a revocable living trust. When you die, the property passes according to the trust terms – no probate required in any state. The trust can hold property in multiple states, and none of it requires probate. One document, no ancillary proceedings, no matter how many states are involved. Cost: $2,500–$5,500 for a trust-based estate plan.
2. Joint Ownership with Survivorship Rights
Title the property as joint tenants with right of survivorship (or tenants by the entirety for married couples in states that recognize it). When one owner dies, the property passes automatically to the surviving owner – no probate. This only works if there’s a co-owner you want to inherit, and it creates its own complications if that co-owner faces divorce or bankruptcy.
3. Enhanced Life Estate Deed (Lady Bird Deed) – Michigan Property
For Michigan property owned by out-of-state residents, an enhanced life estate deed can transfer property at death while retaining full control during life. Authorized under Michigan Land Title Standards 6th Edition, Standard 9.3. Effective for Michigan property, but doesn’t help with property in other states – for multi-state situations, a trust remains the most comprehensive solution.
4. Entity Ownership
Transfer the property to an LLC or other entity. When you die, you don’t own real property in that state – you own LLC membership interests (personal property), which passes through your domiciliary probate. Most appropriate for investment properties or high-value holdings where the added administrative complexity is justified.
“Every time I handle an ancillary probate, I think about how easily it could have been avoided. A trust-based plan would have prevented $20,000+ in legal fees and a year of hassle. If you own property in more than one state, fix this now.”
Michigan-Specific Ancillary Considerations
Property Tax Uncapping:
Michigan’s property tax system caps annual assessment increases under the Headlee Amendment. When property transfers, the assessment “uncaps” to current market value – potentially causing a significant tax increase. Certain transfers between family members may qualify for exemptions. Planning for this during the estate process can save thousands in ongoing property taxes for heirs who plan to keep the property.
Principal Residence Exemption:
Michigan’s PRE provides significant property tax savings for owner-occupied homes. If the decedent’s Michigan property had a PRE, that exemption ends at death unless a new qualifying owner claims it.
Northern Michigan Vacation Properties:
Many Michigan ancillary cases involve Up North cottages and cabins with unique considerations – seasonal access issues, septic and well systems, lake associations and riparian rights, and informal family arrangements from decades past.
Mineral Rights:
In parts of Michigan – particularly areas with oil, gas, or timber resources – mineral rights may be severed from surface rights. An out-of-state decedent might own mineral rights in Michigan without even realizing it. These interests require the same ancillary treatment as surface real estate.
How BBA Law Handles Ancillary Probate
We approach ancillary probate from both directions – representing out-of-state families with Michigan property and helping Michigan families with domiciliary estates coordinate with out-of-state counsel.
For Out-of-State Families with Michigan Property: Your domiciliary attorney handles the primary estate. We handle the Michigan piece – opening the ancillary proceeding, obtaining Michigan appointment, managing the property through the process, and transferring or selling it according to the will or intestacy law. We communicate with your home-state counsel to ensure documents are properly authenticated and timelines are synchronized.
For Michigan Residents with Out-of-State Property: The Michigan probate is primary – we manage it fully. We coordinate with out-of-state counsel in each state where real property exists. And if you come to us for estate planning and you own out-of-state property, we address it. Trusts, proper titling, or other strategies – we build plans that spare your family from multi-state probate entirely.
Michigan ancillary probate representation typically runs $8,000–$12,000 for straightforward matters. We quote fees after reviewing the specific situation. No surprises. Call us at (586) 991-7611 to discuss your ancillary probate matter with Boroja, Bernier & Associates.
Frequently Asked Questions About Ancillary Probate in Michigan
Ancillary probate is a secondary probate proceeding required when someone dies owning real property in a state where they weren’t domiciled. The primary (“domiciliary”) probate happens in the decedent’s home state. Ancillary probate happens in each additional state where they owned real property.
Generally, yes. Personal property (bank accounts, vehicles, investments, tangible items) is handled by the domiciliary state regardless of where it’s located. Real property – land and anything permanently attached to it – requires probate in the state where it sits.
Often, yes. Being appointed as personal representative in the domiciliary state generally gives priority for appointment in Michigan under MCL 700.4204 (unless the will specifies otherwise). Michigan allows domiciliary personal representatives to serve in ancillary proceedings if certain conditions are met, including reciprocity with the domiciliary state.
Not technically – Michigan can open probate for a non-resident who owns Michigan property. But practically, opening domiciliary first almost always makes sense. Most states require the original will, and you can’t use authenticated domiciliary court documents as a basis for Michigan probate if those documents don’t exist yet. Being appointed in the domiciliary state may also give you priority for Michigan appointment. The sequencing matters.
Typically 4–8 months for straightforward matters, though timing depends on coordination with the domiciliary proceeding. Complications in either proceeding extend the timeline.
Michigan ancillary probate typically costs $8,000–$12,000 in attorney fees for straightforward matters. Add domiciliary probate costs and property carrying costs, and two-state estates routinely spend $19,000–$30,000 or more. Compare that to $2,500–$5,500 for a trust-based plan that eliminates ancillary probate entirely. Call (586) 991-7611 to discuss your specific situation.
Yes – if the property is sold, there’s nothing to probate. But this isn’t always practical or desirable. Planning alternatives (trusts, joint ownership, enhanced life estate deeds for Michigan property) let you keep the property while avoiding ancillary probate.
Start with Florida (the domiciliary state). Open probate there, get appointed as personal representative, and gather the necessary certified documents. Then contact a Michigan attorney to open the ancillary proceeding for the cottage. Boroja, Bernier & Associates serves as Michigan local counsel for families across the country – call (586) 991-7611.
It can. If an LLC owns the real property, you don’t own real estate in that state – you own LLC membership interests, which are personal property handled through your domiciliary estate. However, LLCs add complexity and have tax implications. Trusts are usually simpler for estate planning purposes.
Usually, yes. The value doesn’t eliminate the requirement – real property is real property regardless of worth. However, some states have simplified procedures for small estates. Check the specific state’s laws.
Depending on the circumstances, proceeds may need to be transferred to the domiciliary personal representative for final distribution according to the overall estate plan. Under MCL 700.3919, the Michigan and domiciliary proceedings coordinate so that ultimate distribution flows properly to the beneficiaries.
Property in Multiple States? Let’s Solve This.
If you’re dealing with an out-of-state loved one’s Michigan property, we can help. We serve as Michigan local counsel for families across the country – handling the ancillary proceeding while your domiciliary attorney manages the primary estate. You don’t have to figure out Michigan probate court from 1,000 miles away. That’s our job.
If you’re a Michigan resident who owns property in other states, let’s fix this before it becomes your family’s problem. A properly structured estate plan – whether that’s a trust, updated titling, or other strategy – eliminates ancillary probate entirely. The planning costs a fraction of what multi-state probate costs.
We win together. That’s how we approach every matter. Your family’s smooth administration – whether you’re here or across the country – is our success.
Because you deserve better than double probate.
Call Us: (586) 991-7611
Schedule Online: Schedule Your Consultation
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 Michigan ancillary probate for out-of-state families nationwide. For Michigan residents needing domiciliary probate with out-of-state coordination, we serve 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 throughout Michigan. Estate planning services available statewide. Headquarters in Shelby Township with additional offices in Troy, Ann Arbor, and Lansing.
