Who Has the Right to Sell a House in Probate in Michigan?

Understanding Legal Authority to Sell Probate Property in Michigan

When a loved one passes away in Michigan, their property doesn’t automatically pass to heirs — even if there’s a will. Instead, the home and other assets are temporarily owned by the estate, a legal entity that exists to settle the decedent’s affairs. This transition is managed through the probate process, which ensures that debts are paid and assets are properly distributed under court supervision.

In practical terms, this means no heir — not even a close family member — has the legal right to sell the house just because they lived there, maintained it, or were promised it in a will. The home is held in legal limbo until a personal representative (sometimes called an executor) is formally appointed by the probate court. Only that court-appointed person can act on behalf of the estate, and that includes selling real estate.

Understanding this legal distinction is crucial. Trying to sell or even list the house without the right authority could result in legal delays, cancelled contracts, or disputes with other family members or creditors.

What Is a Personal Representative and What Do They Do?

In Michigan probate cases, the personal representative is the individual legally authorized to handle the decedent’s estate — including the sale of real property like a house. This person may be named in the will, or if no will exists, they are appointed by the probate court based on state law. Either way, their authority begins only after the court issues Letters of Authority, a formal document granting them the legal power to act on the estate’s behalf.

The personal representative’s duties include:

Collecting and safeguarding the estate’s assets
Notifying creditors and paying valid debts
Distributing remaining assets to heirs or beneficiaries
Selling real estate if necessary to pay debts or simplify distribution

They are held to a fiduciary standard, which means they must act in the best interest of the estate — not their own personal interests or those of individual heirs.

Importantly, if the personal representative is legally authorized, they do not need permission from the heirs to sell the house. Their decisions must follow the law and any applicable court orders, but they are not required to seek unanimous family agreement.

To better understand this role, you can reference:

Want to learn more about how this works in practice? Visit:
👉 How to Sell a House in Probate in Michigan

Unrestricted vs. Restricted Authority – What’s the Difference?

Once the personal representative is appointed, their ability to sell a house during probate depends on the type of authority granted by the court. In Michigan, this authority is classified as either unrestricted or restricted, and the difference can significantly impact how quickly and easily the property can be sold.

✅ Unrestricted Letters of Authority

With unrestricted authority, the personal representative can sell real estate without asking the court for further permission. This is the most flexible option and is often granted in informal probate cases where the estate is straightforward and there are no disputes among heirs.

⚠️ Restricted Letters of Authority

With restricted authority, the personal representative must petition the court for permission to sell the house. This typically involves:

Filing a request with the probate court
Giving notice to all interested parties (like heirs and creditors)
Attending a hearing where the judge approves or denies the request

This process adds time, complexity, and legal oversight to the sale. The court may also impose conditions — for example, requiring an appraisal or limiting who the property can be sold to.

Knowing what type of authority has been granted is essential before attempting to list or sell the home. You can find this information directly in the Letters of Authority issued by the court.

For official guidance on this topic, refer to:

Wayne County Probate Court – Sale of Real Estate FAQ

Looking for more probate sale insights?
👉 How Does a Probate Sale Work in Michigan?
👉 Dennis Buys Houses – Home

"When you mentioned that you would give us an offer within 24 hours and then close quickly I didn’t really believe that we would have the house sold in only 2 weeks. I’m glad I found you.”

Michelle L. - Michigan

Can Heirs Object to the Sale of the House?

Heirs often assume that they have final say over what happens to the property — especially if they lived in the home, paid taxes on it, or were promised it by the deceased. But legally, heirs do not control the sale of the house during probate.That authority lies solely with the personal representative, as long as they act within the limits of their court-issued Letters of Authority.

That said, heirs do have the right to raise objections — but only under specific conditions and through formal probate court procedures. Here’s how:

📝 How Heirs Can Object:

File an objection with the court: If an heir believes the personal representative is not acting in the estate’s best interest — for example, selling the home for too little or to a buyer with a conflict of interest — they can file a formal complaint in probate court.
Request an accounting: Heirs may also ask the court to review how the estate is being managed, especially if they suspect mismanagement or self-dealing.

However, disagreement alone isn’t enough to stop a sale. The court will only intervene if there’s evidence that the personal representative is violating their fiduciary duties or failing to follow the law.

This balance ensures that estates can be settled efficiently while still protecting the rights of interested parties. For a better understanding of fiduciary responsibilities, visit:

Law Cornell – Fiduciary Duty Explained

If you're dealing with family disagreements during probate, it may help to also read:
👉 What Happens If One Heir Refuses to Sell a House in Michigan?
👉 Selling Inherited Property With Siblings in Michigan

What If the Will Says the House Goes to a Specific Heir?

It’s common for a will to state that a particular heir should inherit the family home. But even when the will is clear, that doesn’t guarantee the heir will receive the property — at least not right away. Why? Because during probate, the estate’s debts and expenses take priority over specific gifts like real estate.

Here’s how it works in Michigan:

🏛 The Will’s Instructions vs. Estate Obligations

If the estate has enough assets to pay off debts, the home can usually be transferred to the heir as directed in the will.
But if the estate is insolvent (i.e., it owes more than it owns), the personal representative may be legally required to sell the home to cover outstanding bills — even if the will left it to someone.

This can be surprising and emotionally difficult for heirs, especially if they were counting on keeping the home. However, under Michigan’s Uniform Probate Code, the personal representative must act in the estate’s overall financial best interest — and that may include liquidating property to pay creditors.

⚖️ Key Takeaway

Even if you're named in the will as the person who should inherit the home, you do not own it until probate is complete and debts are settled.

For more information, see:

To learn more about selling a home that was willed to you, visit:
👉 How to Sell Your Share of an Inherited House in Michigan

Gloria B. - Clinton Township, Michigan

“Thank you for contacting me. I didn’t know what I was going to do with this house"

Can the Personal Representative Sell the House to Themselves?

This is one of the most misunderstood — and risky — situations in probate: when the personal representative (executor) wants to buy the house from the estate. While not outright illegal, this is considered self-dealing, and it’s heavily restricted under Michigan probate law.

⚠️ Why It’s a Legal Red Flag

The personal representative has a fiduciary duty to act in the estate’s best interest — not their own. Selling the property to themselves can present a direct conflict of interest, especially if:

The sale price is below market value
Other heirs aren’t informed or don’t consent
There’s no formal court approval or appraisal

Even if the representative believes they’re offering a fair price, the optics and legal implications can be problematic. Any heir can challenge the sale, and the court may reverse it or remove the representative for breaching fiduciary duty.

✅ When It May Be Allowed

All interested parties (usually the heirs) must be notified and agree in writing
The sale price should reflect fair market value, often verified through an independent appraisal
In many cases, court approval is required to ensure transparency and fairness

📘 Related Reading

If you’re concerned about a potential conflict in your family’s probate case, it may be worth reviewing this broader guide:
👉 What Happens If One Heir Refuses to Sell a House in Michigan?
👉 Dennis Buys Houses – Home

Why Understanding Probate Authority Helps You Avoid Costly Delays

Probate can feel like a confusing, slow-moving process — especially when a house is involved. But understanding who has the legal right to sell the property (and when) can help families avoid missteps that lead to long delays, financial loss, or family conflict.

Here are some common mistakes that occur when probate authority is misunderstood:

❌ Listing the Property Too Early

Real estate agents sometimes list a house before verifying who actually has the authority to sell. If the personal representative hasn’t received the court’s Letters of Authority, the listing is invalid — and any pending sale can fall apart.

❌ Heirs Trying to Sell or Rent the Property

Even if a sibling has been living in the home or believes it was promised to them, they cannot legally sell or lease the property during probate. The estate owns the home until the court transfers title.

❌ Unauthorized Repairs or Improvements

Well-meaning family members may spend money fixing up the house to “get it ready” for sale. But unless they’re authorized by the personal representative or court, they may not be reimbursed — and their actions could complicate the estate’s finances.

**✅ What You Should Do**

Confirm who the personal representative is
Review the Letters of Authority to determine the scope of their power
Communicate openly with other heirs to avoid confusion
Involve a probate-savvy real estate professional, if needed

For more on navigating these issues, check out:
👉 How to Sell a House in Probate in Michigan
👉 Dennis Buys Houses – Estate Home Solutions

Educating yourself on these legal basics is one of the best ways to protect your family’s time, money, and relationships during a difficult process.

Are You Trying to Understand Your Options?

Talk to Dennis Now – (734) 224-5977

We Help Michigan Families Navigate These Situations Every Day

Dennis sitting in a chair in his living room

At Dennis Buys Houses, we’re not just cash buyers — we’re trusted problem-solvers who help Michigan families find real answers during difficult times.

Since 2004, we've been helping homeowners across Michigan sell their properties quickly and easily—without the stress of agents, repairs, or hidden fees.

We’re a family-owned, local business with deep roots in the community. Over the years, we’ve helped hundreds and hundreds of homeowners in situations just like yours—whether they’re dealing with delinquent property taxes, foreclosure, or simply needing a fresh start.

If you're dealing with a tough family situation and don’t know where to turn, we’re here to help.

Start here:

Learn how we buy houses in Michigan: How It Works
See what makes us different: Why Choose Us
Ready to get a cash offer? Contact Us Today

Whether you’re ready to sell or just want to explore your options, we’re here for you. Call us today, and let’s talk about how we can make your situation easier.

No pressure. No judgment. Just real help when you need it.

See why so many people recommend us...

“Mr. Fassett – thank you for working with us to buy my Mom’s home after she passed away. When you mentioned that you would give us an offer within 24 hours and then close quickly I didn’t really believe that we would have the house sold in only 2 weeks. I’m glad I found you.”

Michelle L. - Michigan

“Thanks for buying my Mother’s home. It was a big help that you were able to buy it without us having to clean it out and get it ready to sell. My mother had accumulated lots of stuff and after the stress of her long illness I was exhausted and I dreaded dealing with all of it. I also liked it that you gave me a very fair price for the home. I’m on a fixed income and that really helped a lot.”

Henry G. - Michigan

“Dennis – thank you for helping us with our Mom’s home. This was a very traumatic experience for us, and we appreciated your patience with all the emotions we experienced during the process. You were really patient and understanding with us during the sale process, and we’re sure that Mom’s home will be in good hands. God Bless.”