How Probate Works in Michigan

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.

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.

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).

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.

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 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).