Question 1

What makes a will valid in Michigan?

Accepted Answer

Anyone 18 or older with sufficient mental capacity may make a will. Capacity means understanding that the will passes property at death, knowing the nature and approximate value of one's property, knowing the people who would naturally inherit, and understanding the general effect of signing. The will must be in writing, signed by the testator (or by another person in the testator's name, in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each within a reasonable time after seeing the signing or the testator's acknowledgment. A will signed by an interested witness is still valid.

Question 2

Is a handwritten will valid in Michigan?

Accepted Answer

Yes. A handwritten will is valid whether or not it is witnessed if it is dated and the testator's signature and the material portions of the document are in the testator's handwriting.

Question 3

Does a will need to be notarized in Michigan?

Accepted Answer

A will can be made self-proved at signing or at any later time by the testator's acknowledgment and the two witnesses' sworn statements before an officer authorized to administer oaths (such as a notary), with the officer's certificate attached. Michigan also allows a non-sworn written statement signed by the testator and witnesses, dated, and made under penalty of perjury under Michigan law.

Question 4

Who inherits if someone dies without a will in Michigan?

Accepted Answer

Spouse: takes everything if the decedent left no descendants and no parents. If the decedent's descendants are all also the spouse's, or if some of the decedent's descendants are not the spouse's, the spouse takes the first $150,000 plus one-half of the rest. If no descendants survive but a parent does, the spouse takes the first $150,000 plus three-quarters of the rest. If none of the decedent's descendants are the spouse's, the spouse takes the first $100,000 plus one-half of the rest. Whatever does not pass to the spouse goes to descendants by representation; if none, to parents; if none, to descendants of the parents (brothers, sisters, nieces, nephews); if none, half to the paternal and half to the maternal grandparents or their descendants.

Question 5

What is a surviving spouse entitled to in Michigan?

Accepted Answer

If there is a will, the surviving spouse may elect to accept the will or to take one-half of what the spouse would have received with no will, reduced by one-half of property the spouse received from the decedent outside the will and intestacy (such as joint property, insurance and certain transfers within two years of death). Dower is available only to a widow whose spouse died before dower was abolished. The election must be made within 63 days after the later of the deadline for creditor claims or service of the inventory on the spouse, and only during the spouse's lifetime.

Question 6

What is the small estate limit in Michigan?

Accepted Answer

If the estate contains no real property and its value, minus liens and encumbrances, does not exceed $50,000 (adjusted each year for inflation), a successor may collect the decedent's money, tangible personal property, debts owed, and securities by giving the holder a sworn statement and a copy of the death certificate. At least 28 days must have passed since death, and no personal representative may have been appointed or applied for in any jurisdiction. The court's form is PC 598.

Question 7

Is there a simplified probate process in Michigan?

Accepted Answer

For a gross estate of $50,000 or less (adjusted each year for inflation), the probate court may, without full administration, order the property used first to pay funeral and burial expenses and then turned over to the surviving spouse or, if none, the heirs. For deaths on or after Jan. 1, 2024, debt on encumbered real property (up to $250,000, also inflation-adjusted) is subtracted when valuing the estate. Heirs other than a qualifying spouse or minor children remain liable for the decedent's unpaid debts, up to what they receive, for 63 days after the order.

Question 8

How does probate work in Michigan?

Accepted Answer

A person with priority applies to the county probate court for appointment as personal representative, in informal or formal proceedings. After appointment, the personal representative publishes a notice to creditors and mails notice to known creditors; prepares an inventory with date-of-death values within 91 days and sends it to the presumptive heirs or beneficiaries (filing the original with the court is optional, but the court must be given the information for the inventory fee); pays allowed claims and expenses; and then distributes the estate and closes it.

Question 9

How long do creditors have to file claims against an estate in Michigan?

Accepted Answer

Claims that arose before death must be presented within 4 months after the notice to creditors is published. A known creditor has until the later of 4 months after publication or 1 month after the mailed notice is sent. If the required notice was not given, claims are barred 3 years after death. Claims arising at or after death generally must be presented within 4 months after they arise (or within the 4-month period, if later).

Question 10

Who can be an executor in Michigan?

Accepted Answer

Priority for appointment goes to the person named in the will, then the surviving spouse if a beneficiary, other beneficiaries, the spouse if not a beneficiary, other heirs, a creditor's nominee after 42 days, and finally the public administrator after 63 days. A person under 18, or one the court finds unsuitable in formal proceedings, cannot serve; the statute sets no residency requirement. In informal proceedings bond is generally not required unless the will requires it or a special personal representative is appointed. In formal proceedings the court may require bond, but not if the will waives it unless an interested person asks and the court finds bond desirable.

Question 11

What does a quitclaim deed need to be valid in Michigan?

Accepted Answer

A deed to Michigan land must be acknowledged before a notary public, judge or court clerk, and the county register of deeds will not record it unless it is acknowledged. Witnesses are not required. To be recorded, signers' names must be printed beneath original signatures in black or dark blue ink, the grantee's address and the drafter's name and business address must appear, and the document must meet format rules (2.5-inch top margin on page one, half-inch other margins, 10-point type, paper 8.5x11 to 8.5x14, and a first line stating the recordable event). State real estate transfer tax is $3.75 per $500 of value and county transfer tax is $0.55 per $500 (up to $0.75 in counties of 2 million or more). Exemptions include transfers for less than $100 and certain transfers between spouses and to children or grandchildren.

Question 12

What are the requirements for a power of attorney in Michigan?

Accepted Answer

Michigan's Uniform Power of Attorney Act governs powers of attorney created on or after July 1, 2024. The principal must sign (or direct another to sign in the principal's conscious presence). To be durable, the principal must either acknowledge it before a notary or sign it in front of two witnesses who also sign; a named agent may not be a witness. A power of attorney executed this way is durable unless it says it ends on the principal's incapacity. Only a notarized signature is presumed genuine.

Question 13

What are the requirements for a health care directive in Michigan?

Accepted Answer

Michigan uses a patient advocate designation. An adult of sound mind may name another adult to make care, custody, and medical or mental health treatment decisions when the patient cannot participate in those decisions. It must be in writing, signed, dated, voluntary, and signed by two witnesses who are not the patient's spouse, parent, child, grandchild, sibling, presumptive heir, known beneficiary, physician, or patient advocate, or an employee of the patient's insurer, treating facility, or similar provider. It must be placed in the patient's medical record before it is used.

Question 14

Does Michigan have an estate or inheritance tax?

Accepted Answer

No Michigan estate tax is currently owed. Michigan's estate tax equals the federal credit for state death taxes, and that federal credit no longer applies to deaths after 2004, so the Michigan tax works out to zero.

Question 15

How do I make a living will in Michigan?

Accepted Answer

Michigan's advance directive law is built around the patient advocate designation (MCL 700.5506 to 700.5515) rather than a separate statutory living will form. Written wishes about care and treatment, including life-sustaining treatment, are usually included in the patient advocate designation, which must be in writing, signed, dated, executed voluntarily and witnessed by two qualified witnesses, and must be made part of the medical record before it is used.

Question 16

How do I make a medical power of attorney in Michigan?

Accepted Answer

Michigan calls it a 'patient advocate designation.' A person 18 or older of sound mind may name another adult (the patient advocate) to make care, custody and medical or mental health treatment decisions, and may also authorize anatomical gifts. It must be in writing, signed, dated, executed voluntarily, and include a statement that the authority applies only when the patient cannot participate in treatment decisions. It must be signed in the presence of two witnesses, who may not be the patient's spouse, parent, child, grandchild, sibling, presumptive heir, known devisee, physician or patient advocate, or an employee of the patient's life or health insurer, treating health facility, home for the aged or mental health provider.

Question 17

How do living trusts work in Michigan?

Accepted Answer

Michigan's Trust Code (MCL 700.7101 and following) is based on the Uniform Trust Code. For trusts created by instruments signed on or after April 1, 2010, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. A written trust may be revoked or amended by the method in the trust or, if that method is not exclusive, by another writing showing clear and convincing evidence of intent. An agent under a durable power of attorney may revoke or amend only if the trust or the power expressly authorizes it. Only property transferred to the trust avoids probate.

Question 18

What does an executor have to do in Michigan?

Accepted Answer

Within 28 days after appointment, the personal representative must give notice of the appointment to heirs and devisees (and to the trustee of the decedent's revocable trust), notify the surviving spouse of election rights, and notify the friend of the court. Within 91 days after appointment, the representative must prepare an inventory at date-of-death values and send it to presumptive distributees and anyone who requests it. Notice to creditors is published, and claims are paid or disallowed. If the estate is not settled within a year, a notice of continued administration is due within 28 days after the anniversary. An unsupervised estate can be closed by sworn closing statement no earlier than 5 months after appointment, after the creditor period has expired and a full account has been given to distributees.

Question 19

How do I get letters testamentary in Michigan?

Accepted Answer

A personal representative must be appointed by the probate register (informal proceedings) or by court order (formal proceedings), qualify, and be issued letters; administration begins when letters are issued. To qualify, the representative files any required bond and a statement accepting the duties of the office. Michigan's document is called 'Letters of Authority for Personal Representative' (SCAO form PC 572), which states the appointment date, any limits on authority and any expiration date.

Question 20

Does Michigan have an affidavit of heirship?

Accepted Answer

Yes. A person with knowledge of the facts who would be competent to testify may record an affidavit with the register of deeds of the county where the real property is located stating facts that affect title, including death, marital status, relationship, family history and heirship of people named in deeds, wills and other instruments.

Question 21

How can you avoid probate in Michigan?

Accepted Answer

Non-probate options include: a revocable living trust (MCL 700.7602); securities registered in transfer-on-death (beneficiary) form (MCL 700.6302); jointly titled vehicles with 'full rights to survivor'; transfer of vehicles by a surviving spouse or heir without probate when no other property requires letters and the vehicles' total value is within the MCL 257.236 limit; and small estate procedures (affidavit of decedent's successor and summary assignment, MCL 700.3983, 700.3982).

Question 22

Where can I get a power of attorney form in Michigan?

Accepted Answer

Michigan has a "Michigan Statutory Form Power of Attorney" for finances and property under the Uniform Power of Attorney Act (MCL 556.401); it does not authorize health care decisions. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). To be durable it must either be acknowledged before a notary public or be signed in the presence of 2 witnesses who also sign; a witness may not be an agent named in the power, and one witness may also be the notary (MCL 556.205). For health care, a patient advocate designation must be in writing, signed, dated, executed voluntarily, and executed in the presence of and signed by 2 witnesses; a witness cannot be the patient's spouse, parent, child, grandchild, sibling, presumptive heir, known devisee, physician or patient advocate, or an employee of the patient's life or health insurer or of a treating health facility, among others (MCL 700.5506).

Question 23

How do I search probate court records in Michigan?

Accepted Answer

The probate court (or, when applicable, the family division of circuit court) has exclusive jurisdiction over settling a deceased person's estate, with or without a will, including interpreting wills (MCL 700.1302, 700.1103).

Question 24

How do I transfer a car title after someone dies in Michigan?

Accepted Answer

If the estate is not being probated and no other property requires letters, the surviving spouse, or if none the closest next of kin, can transfer the vehicles using the Secretary of State's TR-40 packet: TR-40a (Certification from the Heir, verified at a Secretary of State office), TR-40b (Certification of No Interest, for other heirs who give up their claim) and TR-40c (transfer to someone else). Bring the title, the owner's death certificate, any lien termination and an odometer statement. This is allowed only if the total value of the deceased's vehicles does not exceed the limit in MCL 257.236 ($100,000 for 2024 and 2025, adjusted for inflation from 2026). If the estate is probated, the personal representative named in the Letters of Authority assigns the title.

Requirements for a valid will	Anyone 18 or older with sufficient mental capacity may make a will. Capacity means understanding that the will passes property at death, knowing the nature and approximate value of one's property, knowing the people who would naturally inherit, and understanding the general effect of signing. The will must be in writing, signed by the testator (or by another person in the testator's name, in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each within a reasonable time after seeing the signing or the testator's acknowledgment. A will signed by an interested witness is still valid. Source: MCL 700.2501, 700.2502, 700.2505
Handwritten (holographic) wills	Yes. A handwritten will is valid whether or not it is witnessed if it is dated and the testator's signature and the material portions of the document are in the testator's handwriting. Source: MCL 700.2502(2)
Self-proving affidavit	A will can be made self-proved at signing or at any later time by the testator's acknowledgment and the two witnesses' sworn statements before an officer authorized to administer oaths (such as a notary), with the officer's certificate attached. Michigan also allows a non-sworn written statement signed by the testator and witnesses, dated, and made under penalty of perjury under Michigan law. Source: MCL 700.2504

Probate steps	A person with priority applies to the county probate court for appointment as personal representative, in informal or formal proceedings. After appointment, the personal representative publishes a notice to creditors and mails notice to known creditors; prepares an inventory with date-of-death values within 91 days and sends it to the presumptive heirs or beneficiaries (filing the original with the court is optional, but the court must be given the information for the inventory fee); pays allowed claims and expenses; and then distributes the estate and closes it. Source: MCL 700.3203, 700.3706, 700.3801, 700.3803
Simplified probate	For a gross estate of $50,000 or less (adjusted each year for inflation), the probate court may, without full administration, order the property used first to pay funeral and burial expenses and then turned over to the surviving spouse or, if none, the heirs. For deaths on or after Jan. 1, 2024, debt on encumbered real property (up to $250,000, also inflation-adjusted) is subtracted when valuing the estate. Heirs other than a qualifying spouse or minor children remain liable for the decedent's unpaid debts, up to what they receive, for 63 days after the order. Source: MCL 700.3982; MCL 700.1210
Small estate affidavit	If the estate contains no real property and its value, minus liens and encumbrances, does not exceed $50,000 (adjusted each year for inflation), a successor may collect the decedent's money, tangible personal property, debts owed, and securities by giving the holder a sworn statement and a copy of the death certificate. At least 28 days must have passed since death, and no personal representative may have been appointed or applied for in any jurisdiction. The court's form is PC 598. The $50,000 base was set by 2024 PA 1 (effective Feb. 21, 2024) and is multiplied by the Treasury cost-of-living factor for the year of death, rounded to the nearest $1,000. Use the figure for the year the person died. Source: MCL 700.3983; MCL 700.1210
Deadline for creditor claims	Claims that arose before death must be presented within 4 months after the notice to creditors is published. A known creditor has until the later of 4 months after publication or 1 month after the mailed notice is sent. If the required notice was not given, claims are barred 3 years after death. Claims arising at or after death generally must be presented within 4 months after they arise (or within the 4-month period, if later). Liens such as mortgages, and claims covered by liability insurance up to the policy limits, are not cut off by these deadlines. Source: MCL 700.3803; MCL 700.3801
Who can be executor	Priority for appointment goes to the person named in the will, then the surviving spouse if a beneficiary, other beneficiaries, the spouse if not a beneficiary, other heirs, a creditor's nominee after 42 days, and finally the public administrator after 63 days. A person under 18, or one the court finds unsuitable in formal proceedings, cannot serve; the statute sets no residency requirement. In informal proceedings bond is generally not required unless the will requires it or a special personal representative is appointed. In formal proceedings the court may require bond, but not if the will waives it unless an interested person asks and the court finds bond desirable. Source: MCL 700.3203, 700.3204, 700.3603
Finding probate court records	The probate court (or, when applicable, the family division of circuit court) has exclusive jurisdiction over settling a deceased person's estate, with or without a will, including interpreting wills (MCL 700.1302, 700.1103). Definition of court: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-1103 Source: MCL 700.1302; 700.1103(k)

Financial power of attorney	Michigan's Uniform Power of Attorney Act governs powers of attorney created on or after July 1, 2024. The principal must sign (or direct another to sign in the principal's conscious presence). To be durable, the principal must either acknowledge it before a notary or sign it in front of two witnesses who also sign; a named agent may not be a witness. A power of attorney executed this way is durable unless it says it ends on the principal's incapacity. Only a notarized signature is presumed genuine. Certain powers, such as making gifts, creating or changing a trust, or changing beneficiary designations, must be expressly granted (MCL 556.301). Source: MCL 556.204, 556.205
Health care directive	Michigan uses a patient advocate designation. An adult of sound mind may name another adult to make care, custody, and medical or mental health treatment decisions when the patient cannot participate in those decisions. It must be in writing, signed, dated, voluntary, and signed by two witnesses who are not the patient's spouse, parent, child, grandchild, sibling, presumptive heir, known beneficiary, physician, or patient advocate, or an employee of the patient's insurer, treating facility, or similar provider. It must be placed in the patient's medical record before it is used. Source: MCL 700.5506
Official power of attorney forms	Michigan has a "Michigan Statutory Form Power of Attorney" for finances and property under the Uniform Power of Attorney Act (MCL 556.401); it does not authorize health care decisions. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). To be durable it must either be acknowledged before a notary public or be signed in the presence of 2 witnesses who also sign; a witness may not be an agent named in the power, and one witness may also be the notary (MCL 556.205). For health care, a patient advocate designation must be in writing, signed, dated, executed voluntarily, and executed in the presence of and signed by 2 witnesses; a witness cannot be the patient's spouse, parent, child, grandchild, sibling, presumptive heir, known devisee, physician or patient advocate, or an employee of the patient's life or health insurer or of a treating health facility, among others (MCL 700.5506). Execution: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-556-205 ; patient advocate: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-5506 Source: MCL 556.205, 556.401; MCL 700.5506

Living will / advance directive	Michigan's advance directive law is built around the patient advocate designation (MCL 700.5506 to 700.5515) rather than a separate statutory living will form. Written wishes about care and treatment, including life-sustaining treatment, are usually included in the patient advocate designation, which must be in writing, signed, dated, executed voluntarily and witnessed by two qualified witnesses, and must be made part of the medical record before it is used. Source: MCL 700.5506
Medical power of attorney	Michigan calls it a 'patient advocate designation.' A person 18 or older of sound mind may name another adult (the patient advocate) to make care, custody and medical or mental health treatment decisions, and may also authorize anatomical gifts. It must be in writing, signed, dated, executed voluntarily, and include a statement that the authority applies only when the patient cannot participate in treatment decisions. It must be signed in the presence of two witnesses, who may not be the patient's spouse, parent, child, grandchild, sibling, presumptive heir, known devisee, physician or patient advocate, or an employee of the patient's life or health insurer, treating health facility, home for the aged or mental health provider. The patient advocate must sign an acceptance before acting (MCL 700.5507). Source: MCL 700.5506
Revocable living trust	Michigan's Trust Code (MCL 700.7101 and following) is based on the Uniform Trust Code. For trusts created by instruments signed on or after April 1, 2010, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. A written trust may be revoked or amended by the method in the trust or, if that method is not exclusive, by another writing showing clear and convincing evidence of intent. An agent under a durable power of attorney may revoke or amend only if the trust or the power expressly authorizes it. Only property transferred to the trust avoids probate. Source: MCL 700.7602
Ways to avoid probate	Non-probate options include: a revocable living trust (MCL 700.7602); securities registered in transfer-on-death (beneficiary) form (MCL 700.6302); jointly titled vehicles with 'full rights to survivor'; transfer of vehicles by a surviving spouse or heir without probate when no other property requires letters and the vehicles' total value is within the MCL 257.236 limit; and small estate procedures (affidavit of decedent's successor and summary assignment, MCL 700.3983, 700.3982). Source: MCL 700.7602, 700.6302, 257.236, 700.3983

Executor's duties	Within 28 days after appointment, the personal representative must give notice of the appointment to heirs and devisees (and to the trustee of the decedent's revocable trust), notify the surviving spouse of election rights, and notify the friend of the court. Within 91 days after appointment, the representative must prepare an inventory at date-of-death values and send it to presumptive distributees and anyone who requests it. Notice to creditors is published, and claims are paid or disallowed. If the estate is not settled within a year, a notice of continued administration is due within 28 days after the anniversary. An unsupervised estate can be closed by sworn closing statement no earlier than 5 months after appointment, after the creditor period has expired and a full account has been given to distributees. Inventory: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-3706; closing statement: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-3954 Source: MCL 700.3705, 700.3706, 700.3801, 700.3954
Letters testamentary	A personal representative must be appointed by the probate register (informal proceedings) or by court order (formal proceedings), qualify, and be issued letters; administration begins when letters are issued. To qualify, the representative files any required bond and a statement accepting the duties of the office. Michigan's document is called 'Letters of Authority for Personal Representative' (SCAO form PC 572), which states the appointment date, any limits on authority and any expiration date. Statute: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-3103 Source: MCL 700.3103, 700.3601; SCAO form PC 572
Affidavit / determination of heirship	Yes. A person with knowledge of the facts who would be competent to testify may record an affidavit with the register of deeds of the county where the real property is located stating facts that affect title, including death, marital status, relationship, family history and heirship of people named in deeds, wills and other instruments. An affidavit records facts; it does not by itself transfer title or replace a probate court determination of heirs. Source: MCL 565.451a
Transferring a car after death	If the estate is not being probated and no other property requires letters, the surviving spouse, or if none the closest next of kin, can transfer the vehicles using the Secretary of State's TR-40 packet: TR-40a (Certification from the Heir, verified at a Secretary of State office), TR-40b (Certification of No Interest, for other heirs who give up their claim) and TR-40c (transfer to someone else). Bring the title, the owner's death certificate, any lien termination and an odometer statement. This is allowed only if the total value of the deceased's vehicles does not exceed the limit in MCL 257.236 ($100,000 for 2024 and 2025, adjusted for inflation from 2026). If the estate is probated, the personal representative named in the Letters of Authority assigns the title. Statute: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-257-236 Source: MCL 257.236; Michigan Department of State form TR-40

Michigan Wills, Probate and Estate Law

Quick answers for Michigan

Wills

If there is no will

Probate

Deeds and transferring a house

Power of attorney and health care directives

Estate and inheritance tax

Planning documents and avoiding probate

Executors and heirs

Official Michigan forms

Probate court and deed recording by county

Michigan estate law FAQ

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