Estate Administration (Probate) in Michigan

A plain-language guide to estate administration in Michigan after a loved one dies: when probate is needed, informal and formal proceedings, small-estate options, the personal representative's duties, and creditor deadlines.

This guide is written for people in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

When Probate Is Needed

Estate administration is the process of gathering a person's property, paying valid debts and expenses, and distributing what remains. In Michigan, the probate court oversees that process under the Estates and Protected Individuals Code (EPIC). Not everything goes through probate. Jointly owned property with survivorship rights, accounts with named beneficiaries, and property held in a trust usually pass outside of it.

A case is generally opened in the probate court of the county where the person lived. If the person lived outside Michigan, it can be opened in a county where the person's property was located (MCL 700.3201).

Small Estates

Michigan has simplified options for small estates. The small estate limit is $53,000 for deaths in 2026 (MCL 700.3982 and 700.3983), and it is adjusted every January for inflation (MCL 700.1210).

Transfer by affidavit (MCL 700.3983): If the estate has no real property and its value, net of liens, does not exceed the threshold, a successor may collect certain assets, such as bank accounts or personal property, by giving the holder a death certificate and a sworn affidavit (SCAO form PC 598). At least 28 days must have passed since the death, and no personal representative can have been appointed or applied for. The affidavit is signed before a notary and given to the asset holder, not filed with the court. Vehicles usually transfer through a separate Secretary of State process.
Petition for assignment (MCL 700.3982): For a small estate, if funeral and burial expenses are unpaid, the probate court shall order that the property first be used to pay them, and may order the rest turned over to the surviving spouse or, if there is no spouse, the heirs.

Informal vs. Formal Proceedings

Larger estates are usually opened in one of two ways.

Informal proceedings are handled by the probate register, not a judge. They have fewer steps and work well when there is no dispute. The applicant files an application, the will if there is one, and a certified death certificate. If the register approves, the personal representative is appointed and must file an acceptance before acting.
Formal proceedings are handled by a probate judge. They give more oversight and finality and may be needed when the will is contested, its validity is unclear, the heirs are uncertain, or a dispute over who should serve is likely.

Once appointed, the personal representative receives Letters of Authority, the document banks and others rely on to deal with the estate.

The Personal Representative's Duties

The personal representative (sometimes called an executor) is the person appointed to handle the estate. Key duties include:

Giving notice of the appointment to heirs and devisees
Gathering and protecting estate property
Preparing an inventory within 91 days of appointment, listing each item's value on the date of death, and sending it to the presumptive distributees (the heirs or beneficiaries expected to receive property) and anyone else interested who asks for it, and giving the court the information it needs to calculate the inventory fee (MCL 700.3706)
Publishing notice to creditors and paying valid claims and expenses
Keeping records and accounting to interested persons
Telling the court and interested persons about any change of address within 7 days
Filing a notice of continued administration if the estate is not settled within one year
Distributing the remaining property and closing the estate

A personal representative is a fiduciary, which means they must act in the best interests of the estate and the people entitled to it, not in their own interest. Failing to perform these duties can lead to removal.

Creditor Notice and Claims

After appointment, the personal representative must publish a notice to creditors. Claims are generally barred unless presented within four months after the date the notice is published (MCL 700.3801 and 700.3803). Known creditors must also receive a copy of the notice. A creditor is considered known if the personal representative actually knows of it or could reasonably find it by reviewing the person's records for the two years before death and mail received after death. The personal representative reviews each claim and may allow or disallow it.

Closing the Estate

Once debts, expenses, and taxes are handled, the remaining property is distributed to the heirs or beneficiaries. The estate is then closed with the appropriate closing papers, by sworn statement or court order depending on how it was opened.

What to Gather

Helpful items include the death certificate, any will or trust, recent account statements, deeds and vehicle titles, insurance policies, and a list of known debts and family members.

Do not distribute property before debts and claims are addressed.
Do not mix estate money with your own.

How I Can Help

If you have an estate administration matter in Downriver (Wayne County), Monroe County, or nearby, I can review your situation, explain the process and your options, and represent you and help you through each step.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.