Do All Heirs Have to Agree to Sell Property in Michigan Probate?

When Is Heir Consent Required to Sell a Probate House in Michigan?

Many families going through probate in Michigan believe that every heir must agree before a house can be sold. This assumption often causes unnecessary delays, arguments, and confusion.

But the truth is: under Michigan probate law, heirs typically do not have to unanimously agree to a sale.

Once the court appoints a personal representative (also called an executor), that person becomes responsible for managing the deceased’s estate. This includes the power to sell real estate if doing so is in the best interest of the estate — regardless of what the heirs might want individually.

What matters most is not the number of heirs or their opinions — it’s the legal authority given to the personal representative by the court.

That authority determines whether consent is needed, and in many cases, it’s not.

Who Legally Controls a House in Michigan Probate?

When someone passes away in Michigan and leaves behind a house, that property becomes part of their probate estateunless it was transferred through other legal means (like a trust or a Transfer on Death deed). The court then appoints a personal representative — usually named in the will or chosen by the court if there is no will — to take charge of the estate.

This personal representative (also known as an executor) has a fiduciary duty to manage the estate in the best interest of all parties, including:

Gathering and protecting assets (like the home)
Paying off debts, taxes, and expenses
Distributing what's left to the rightful heirs or beneficiaries

Their powers come from the Letters of Authority issued by the probate court. If these letters are unrestricted, the personal representative can sell the property without seeking approval from the court or heirs. If they are restricted, the court must approve the sale — but this still doesn’t mean every heir must agree.

📘 For an official explanation of these roles, see:
Overview of Formal Probate – Michigan Legal Help

🔗 For related guidance on probate home sales, see:
• How to Sell a House in Probate in Michigan
• Estate Home Solutions – Probate Help in Michigan
• Dennis Buys Houses – Contact Page if you need help navigating the probate sale process.

When the Personal Representative Can Sell Without Heir Consent

Once the probate court issues Letters of Authority to the personal representative, they gain the legal power to handle the deceased person’s assets — including the home. Whether or not they need consent from heirs depends on how much authority the court has granted.

✅ Unrestricted Letters of Authority

If the personal representative receives unrestricted authority, they can sell the house without:

Asking for court permission
Getting the heirs to agree
Holding a hearing

This allows them to act quickly and efficiently — especially if the home needs to be sold to pay off debts, avoid property deterioration, or settle the estate. This is common in informal probate proceedings, where no one has filed an objection or raised concerns with the court.

⚠️ Restricted Letters of Authority

If the court issues restricted authority, the personal representative must first get approval from the probate judge before selling the property. In this case:

The heirs are typically notified about the proposed sale
They may object, but unanimous consent is still not required
The court considers whether the sale is in the best interest of the estate

This structure protects everyone involved — especially in estates where conflict may arise.

📘 For more, see the State Bar of Michigan – Closing the Estate guide.

🔗 You might also find these helpful:
• What Happens If One Heir Refuses to Sell a House in Michigan?
• How to Sell Your Share of an Inherited House in Michigan

"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

What If the House Was Promised to a Specific Heir?

It's common for a loved one to express wishes about who should receive the family home — either verbally or in their will. However, under Michigan law, those wishes do not guarantee ownership if selling the property becomes necessary to settle the estate.

Here's why the home may still need to be sold:

Estate debts must be paid first. If the estate has unpaid credit cards, medical bills, taxes, or legal fees, the house may need to be liquidated to cover those obligations.
The will may not control everything. Wills must go through probate, and the court can override the will’s instructions if selling the home is necessary to fulfill the estate’s responsibilities.
Fair market value distribution. If multiple heirs are entitled to equal shares of the estate, selling the home may be the only practical way to divide the value fairly — especially when not all heirs want to keep the property.

Even if the will names a particular heir to receive the house, that heir may not be able to take possession if there aren’t enough liquid assets to settle the estate’s liabilities.

📘 For legal context on estate settlement, see:
State Bar of Michigan – Closing the Estate

🔗 Related internal resources:
• Selling Inherited Property with Siblings in Michigan
• How to Sell a House That Needs Repairs Fast in Michigan
• Dennis Buys Houses – Estate Home Solutions for practical options when a house must be sold during probate.

When Heir Agreement Is Required in Michigan

While most probate property sales in Michigan don’t require all heirs to agree, there are important exceptions. In certain scenarios, the personal representative — or the heirs themselves — may be limited in what they can do without everyone on board.

✅ 1. Jointly Owned Property (Outside the Estate)

If the deceased owned the home jointly with another person — such as a spouse or sibling — the surviving co-owner typically has legal rights. In this case:

The property does not pass through probate.
All co-owners must agree to sell.
One person can’t force a sale without legal action (like a partition lawsuit).

✅ 2. Transfer-on-Death (TOD) or Lady Bird Deeds

These deeds automatically transfer ownership to a named beneficiary after the owner dies — skipping probate entirely. If the new owners are multiple individuals (like siblings), they must all agree before selling the property.

✅ 3. Heirs Who Inherit as Co-Owners

If a home does go through probate and is left to multiple heirs in equal shares, then after the probate is complete:

The home is transferred to all heirs as co-owners.
If one heir wants to sell and another does not, they’ll need to either negotiate or file a partition action.

📘 For more on when and how to divide inherited property, see:
Michigan Legal Help – Inheriting Property

Gloria B. - Clinton Township, Michigan

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Resolving Disputes When Heirs Disagree Over Selling the House

Disagreements among heirs during the probate process are common, especially when a property holds significant sentimental or financial value. Michigan law provides structured methods to address these disputes without halting estate settlement.

⚖️ Options When Heirs Disagree:

1. File a Formal Objection with the Probate Court

If a personal representative plans to sell the property and an heir disagrees, the heir can file a written objection with the probate court. The court will then evaluate whether the sale aligns with the estate's best interests. Notably, unanimous heir approval is not required for the sale to proceed.

2. Pursue Mediation or Family Negotiation

Mediation offers a neutral platform for heirs to discuss concerns and reach a consensus. Engaging a third-party mediator can facilitate communication and help resolve conflicts amicably.

3. Initiate a Partition Lawsuit

When a property has been distributed to multiple heirs as co-owners and consensus on selling cannot be reached, an heir may file a partition lawsuit. This legal action requests the court to either:

Order the sale of the property and distribute proceeds among co-owners.
Physically divide the property, though this is rare for residential properties.

For more information on partition actions in Michigan, refer to the Michigan Court Rules, specifically MCR 3.401 and MCR 3.403, which govern partition proceedings.

Communication Tips for Avoiding Conflict Among Heirs

Effective communication is crucial in preventing misunderstandings and disputes during the probate process. Here are strategies to foster transparency and cooperation among heirs:

🗣️ 1. Initiate Early Discussions

Begin conversations with all heirs promptly after initiating probate. Clearly explain the role of the personal representative and outline the steps involved in estate administration.

📄 2. Maintain Transparency

Share pertinent documents, such as the will, Letters of Authority, and property appraisals, with all heirs. Keeping everyone informed builds trust and reduces potential conflicts.

🤝 3. Acknowledge Emotional Attachments

Recognize that properties often carry sentimental value. Encourage open discussions about individual feelings and expectations to address emotional concerns constructively.

🧩 4. Seek Professional Guidance

If disagreements arise, consider involving a probate attorney or mediator. Professionals can provide legal clarity and facilitate resolutions that respect all parties' interests.

For a comprehensive understanding of probate administration in Michigan, including the roles and responsibilities of personal representatives, visit the Michigan Legal Help resource on supervised and unsupervised probate administration: Supervised and Unsupervised Probate Administration.

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“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.”

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