When a Michigan resident passes away, their loved ones often face an unexpected challenge: probate court. This legal process—designed to distribute assets and settle debts—can stretch for months or even years, tying up family inheritances and adding stress during an already difficult time.

The answer is clear: probate is a court-supervised process for settling a deceased person’s estate, but with proper planning, it’s entirely avoidable. In our experience serving families throughout Macomb County, Oakland County, and Wayne County, the estates that move smoothly are the ones where planning happened years before it was needed.

This guide explains exactly how probate works in Michigan, what it costs, how long it takes, and most importantly—the specific legal tools Michigan law provides to keep your estate out of court entirely.

What Is Probate Under Michigan Law?

Probate is the court-supervised legal process for administering a deceased person’s estate. Under Michigan’s Estates and Protected Individuals Code (EPIC), specifically MCL 700.1101 et seq., probate courts ensure that:

• Assets are properly identified and valued
• Valid debts and taxes are paid
• Remaining assets are distributed to rightful heirs or beneficiaries
• The decedent’s wishes (if documented in a will) are honored
• Disputes among family members are resolved through legal channels

If the deceased person left a will, the probate court validates it and appoints the named executor as personal representative. If there’s no will, the estate is considered “intestate,” and Michigan’s intestacy laws under MCL 700.2101 – MCL 700.2114 determine who inherits what.

Many Michigan residents don’t realize that probate is a public process. Court filings, asset inventories, and creditor claims become part of the public record, accessible to anyone who requests them.

How the Michigan Probate Process Actually Works

The probate process in Michigan follows a structured path, but the timeline varies dramatically based on estate complexity, family cooperation, and whether anyone contests the will.

Step 1: Filing the Petition

Within a few weeks of death, someone (usually a family member) files a petition with the probate court in the county where the deceased resided. For most Southeast Michigan families, this means filing in:

• Macomb County Probate Court (for Shelby Township, Clinton Township, Sterling Heights residents)
• Oakland County Probate Court (for Troy, Rochester Hills, Royal Oak residents)
• Wayne County Probate Court (for Detroit, Livonia, Dearborn residents)

The petition includes the death certificate, the original will (if one exists), and a list of known heirs and beneficiaries.

Step 2: Appointing the Personal Representative

The court appoints a personal representative (called an “executor” in other states). Under MCL 700.3203, this person has legal authority to:

• Access bank accounts and financial records
• Collect assets
• Pay legitimate debts
• File tax returns
• Distribute inheritances

The personal representative must post a bond (essentially insurance) unless the will waives this requirement—adding another layer of cost.

Step 3: Notifying Creditors and Heirs

Michigan law requires the personal representative to publish a notice to creditors in a local newspaper and send direct notice to known creditors. Under MCL 700.3801, creditors have four months from the published notice to file claims against the estate.

This waiting period is mandatory. Even if the family is eager to settle matters, assets cannot be distributed until the creditor claim period expires.

Step 4: Inventorying and Valuing Assets

The personal representative must create a comprehensive inventory of everything the deceased owned: real estate, vehicles, bank accounts, investments, personal property, business interests. Each asset must be professionally appraised if its value isn’t readily determinable.

This inventory is filed with the court and becomes public record—another privacy concern for families.

Step 5: Paying Debts and Taxes

Before any beneficiary receives inheritance, the estate must pay:

• Final income taxes (federal and Michigan state)
• Estate taxes (if the estate exceeds federal thresholds)
• Outstanding medical bills
• Credit card debts
• Funeral expenses
• Court costs and attorney fees

Step 6: Final Distribution

Only after all debts are paid and the creditor period expires can the personal representative distribute remaining assets to beneficiaries. The personal representative must file a final accounting with the court, showing every dollar that came in and went out.

Once the court approves the accounting, the estate can be closed—but this often happens 9 to 18 months (or longer) after the initial death.

How Long Does Probate Take in Michigan?

The honest answer: it depends.

Minimum timeline: For a simple estate with no disputes, clear assets, and cooperative family members, Michigan probate typically takes 7 to 9 months. This assumes:

• Uncontested will
• No complex assets (businesses, multiple properties)
• No creditor disputes
• Prompt filing of required documents

Average timeline: Most Michigan probate cases take 12 to 18 months from start to finish.

Extended timeline: Contested estates, significant debts, tax complications, or family disputes can extend probate to 2 years or longer. Estates involving business valuations, real estate sales, or out-of-state property face additional delays.

One common misconception: many Michigan families assume probate will be “quick” because the deceased had a will. Having a will doesn’t avoid probate—it simply provides instructions for how assets should be distributed once the probate process is complete.

The Real Cost of Probate in Michigan

Probate expenses typically include:

• Court filing fees: $175-$200 for initial probate petition (varies by county)
• Publication fees: $100-$300 for legal notices in newspapers
• Personal representative bond: $100-$500 annually, depending on estate size
• Attorney fees: $5,000-$10,000+ for straightforward estates. Most attorneys charge hourly ($300-$500/hour).
• Appraisal fees: $300-$500 per asset requiring professional valuation
• Accounting fees: $500-$2,000 for estate tax returns and final accountings

Total estimated cost: For a $500,000 estate, families should expect $15,000 to $25,000 in combined expenses. For larger or more complex estates, costs easily exceed $50,000.

Unlike medical bills or home repairs, these costs provide no tangible benefit to the family—they’re simply the price of court supervision.

Why Michigan Families Choose to Avoid Probate

Beyond cost and time, probate creates three significant challenges:

• Loss of privacy: Probate is public record. Anyone—nosy neighbors, disinherited relatives, potential scammers—can access court files to see what you owned, who inherited what, and what your debts were.

• Family stress during grief: At the moment when families most need to focus on healing, probate forces them to navigate court deadlines, creditor claims, and legal paperwork. Personal representatives often report feeling overwhelmed by the responsibility.

• Asset accessibility delays: Bank accounts freeze upon death. Real estate can’t be sold or refinanced. Beneficiaries may need immediate funds for living expenses but have no legal access until probate concludes. In our practice serving Southeast Michigan families, we’ve seen surviving spouses struggle to pay mortgages while waiting for probate to release funds they technically already inherited.

Legal Tools That Help Michigan Families Avoid Probate

Michigan law provides several mechanisms for transferring assets outside of probate. The key is implementing these tools before death—they cannot be created retroactively.

Revocable Living Trusts

A revocable living trust is the most comprehensive probate avoidance tool. Under MCL 700.7101 et seq., a trust is a legal entity that holds your assets during your lifetime and automatically distributes them to named beneficiaries upon your death—no court involvement required.

• How it works: You create the trust, name yourself as trustee (maintaining full control), transfer assets into the trust’s name, and designate successor trustees and beneficiaries. When you die, your successor trustee distributes assets according to your instructions, completely privately.

• What can be titled in a trust: Real estate, bank accounts, brokerage accounts, business interests, personal property. The trust becomes the legal owner, though you retain complete control.

• Ongoing flexibility: Unlike irrevocable trusts, you can modify, amend, or even dissolve a revocable living trust at any time during your lifetime.

Enhanced Life Estate Deeds (Lady Bird Deeds)

Michigan is one of only five states that recognizes enhanced life estate deeds, commonly called “Lady Bird Deeds” after President Lyndon B. Johnson allegedly used one to transfer property to his wife, Lady Bird Johnson.

• How it works: You retain complete ownership and control of your property during your lifetime (including the right to sell, mortgage, or revoke the deed), but upon death, the property automatically transfers to named beneficiaries without probate.

• Key advantage: Unlike traditional life estate deeds, enhanced life estate deeds don’t require beneficiary consent for property sales or refinancing. You maintain 100% control until death.

• Common use: Michigan homeowners frequently use Lady Bird Deeds to ensure their primary residence passes directly to children or other beneficiaries, avoiding the cost and delay of probating real estate.

Beneficiary Designations

Many assets allow you to name beneficiaries who automatically inherit upon your death:

• Life insurance policies
• Retirement accounts (401(k), IRA, 403(b))
• Bank accounts with “payable on death” (POD) designations
• Investment accounts with “transfer on death” (TOD) designations

Under MCL 700.6101 et seq., these beneficiary designations override will instructions and transfer outside of probate entirely. However, this requires keeping designations current—outdated beneficiary designations are a common problem we see when serving families throughout Macomb County and Oakland County.

Joint Ownership with Rights of Survivorship

Michigan law recognizes several forms of joint ownership. Only “joint tenancy with rights of survivorship” avoids probate—when one owner dies, the other automatically becomes sole owner.

Common applications:

• Joint bank accounts between spouses
• Real estate titled as “joint tenants with rights of survivorship”
• Investment accounts held jointly

Critical limitation: Joint ownership works well for married couples but creates complications for parents adding adult children as joint owners. The child becomes a legal co-owner immediately, which can trigger gift tax issues, expose assets to the child’s creditors or divorce proceedings, and create disputes with other siblings.

What Happens When Michigan Families Don’t Plan

Without proper estate planning, Michigan’s intestacy laws dictate asset distribution. Under MCL 700.2101 – MCL 700.2114:

• If married with children: Your spouse receives the first $150,000 plus half of the remaining estate; children split the other half. This often surprises families who assume a spouse automatically inherits everything. There are also many variations to this depending on blended family dynamics.

• If single with children: Children inherit everything in equal shares. Minor children’s inheritances require court-supervised guardianships and conservatorships until age 18.

• If no spouse or children: Assets pass to parents, then siblings, then more distant relatives. If no living relatives can be found, the estate escheats to the State of Michigan under MCL 700.2105.

Beyond unintended distribution, dying without a plan means:

• No ability to name guardians for minor children (the court decides)
• No control over who manages your estate (the court appoints someone)
• Maximum time, cost, and complications in probate
• Potential family conflict over who “deserves” what

Frequently Asked Questions About Michigan Probate

Does having a will avoid probate in Michigan?

No. A will does not avoid probate—it simply provides instructions for how your assets should be distributed during the probate process. Whether you have a will or die intestate, if you own assets in your individual name at death, those assets must go through probate. The only way to avoid probate is to use tools like trusts, beneficiary designations, or joint ownership to transfer assets outside of probate.

How much does an estate have to be worth to require probate in Michigan?

Under MCL 700.3982, Michigan offers a “small estate” procedure for estates valued under specific thresholds (currently $50,000, with limitations on real estate inclusion). For these small estates, heirs can file a simple affidavit and avoid full probate. However, most Michigan residents who own a home or have retirement accounts will exceed this threshold, requiring full probate unless assets are properly titled in trusts or with beneficiary designations.

Can I avoid probate by making someone a joint owner of my accounts?

Sometimes, but this approach carries significant risks. Adding an adult child as a joint account owner does allow the account to pass to that child without probate. However, you’ve also made them a current legal owner, meaning the funds are exposed to their creditors, lawsuits, or divorce proceedings during your lifetime. Additionally, if you have multiple children, putting only one on your accounts can create family conflict and potential legal claims from other siblings. Proper beneficiary designations or trust planning is generally safer.

How long do I have to file for probate after someone dies in Michigan?

Michigan law doesn’t impose a strict deadline for initiating probate, but practical considerations create urgency. Additionally, delaying probate can create problems: bills accumulate, property maintenance suffers, and informal creditor claims may emerge. In our experience serving Southeast Michigan families, filing within 30-60 days of death prevents most complications.

What assets don’t go through probate in Michigan?

Assets that pass outside of probate include: assets held in revocable living trusts, real estate with Lady Bird Deeds or joint ownership with rights of survivorship, life insurance proceeds with named beneficiaries, retirement accounts (IRA, 401(k)) with named beneficiaries, bank accounts with payable-on-death designations, vehicles with transfer-on-death registrations, and jointly-owned assets with survivorship rights. The key is proper titling and beneficiary designations must be in place before death.

Do all estates need an attorney for probate in Michigan?

Michigan law doesn’t require personal representatives to hire attorneys for probate. However, the process involves complex legal requirements, court filings, creditor negotiations, tax returns, and formal accountings. Most personal representatives—even those with legal or financial backgrounds—find the process overwhelming without professional guidance. Small errors can lead to personal liability for the representative or legal challenges from beneficiaries. For estates in Macomb County, Oakland County, or Wayne County, working with a Michigan probate attorney who understands local court procedures typically saves time, reduces stress, and prevents costly mistakes.

Can probate be contested in Michigan?

Yes. Interested parties can challenge a will’s validity by claiming undue influence, lack of testamentary capacity, improper execution, or fraud. Under MCL 700.3407, contestants must file objections within specific timeframes. Will contests significantly extend the probate process—often adding one to three years—and can cost tens of thousands of dollars in legal fees. Proper estate planning, including documentation of intent and capacity at the time of signing, helps prevent successful challenges.

Take the Next Step: Protect Your Family from Probate

Probate doesn’t have to be inevitable. With the right legal tools—trusts, enhanced life estate deeds, and properly structured beneficiary designations—your estate can transfer smoothly, privately, and efficiently to your loved ones, without court supervision, public disclosure, or unnecessary delay.

At Boroja, Bernier & Associates, we help families in Macomb County, Oakland County, Wayne County, and throughout Southeast Michigan create comprehensive estate plans designed to avoid probate entirely. Our attorneys understand Michigan probate courts, local procedures, and the specific challenges facing families in communities like Shelby Township, Troy, Sterling Heights, and Royal Oak.

The best time to plan was yesterday. The second-best time is today. Waiting until a health crisis hits or a loved one passes means losing the opportunity to implement probate avoidance strategies.

To schedule a consultation with the Michigan probate and estate planning attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we’re here to help you protect your family’s future.