Can I Sell My Deceased Parents' House Without Probate in Michigan?

Understanding When Probate Is (and Isn’t) Required to Sell Inherited Real Estate in Michigan

When a parent passes away, handling their estate can feel overwhelming—especially when it comes to real estate. One of the most common questions families ask is, “Do I need to go through probate to sell the house?” The answer depends entirely on how the property was titled before your parent passed.

In Michigan, not all real estate needs to go through probate, but many situations still do. If your parents set up certain estate planning tools in advance—like a trust or a transfer-on-death deed—then you may be able to avoid probate altogether. On the other hand, if the home was in their name only, with no listed beneficiaries or co-owners, probate is likely required to legally transfer or sell the property.

This page will help you understand when probate is legally necessary, when it might not be, and how to proceed with a sale the right way—so you can avoid delays, confusion, or legal risks down the road.

We’ll walk through the types of ownership that bypass probate, what happens when a home must go through the court process, and what steps you should take before listing or selling.

Whether you're just starting to research or are already managing a family estate, this guide will help you move forward with clarity and confidence.

When Probate Is Not Required to Sell a House in Michigan

There are several cases where you can legally sell your deceased parent’s home without going through probate—but only if specific legal arrangements were made before they passed away. Here are the most common scenarios:

✅ Joint Ownership with Rights of Survivorship

If your parent owned the home jointly with someone else—like a spouse or co-owner—and the deed includes “rights of survivorship,” the property automatically transfers to the surviving owner. This process is called operation of lawand does not require probate. You can confirm this by reviewing the deed.

✅ Transfer-on-Death (TOD) Deed or Lady Bird Deed

Michigan allows homeowners to use transfer-on-death deeds, including the popular Lady Bird deed (also known as an enhanced life estate deed). These deeds let a property owner retain control during their lifetime but automatically transfer the home to named beneficiaries upon death—no probate needed.
👉 Learn more about Lady Bird deeds at the Michigan Legislature
👉 Overview of TOD deeds from Nolo

✅ Property Held in a Living Trust

If your parent placed their home into a revocable living trust, the successor trustee can sell the home without going through probate. The trust essentially “owns” the property, and control passes smoothly to the trustee after the original owner dies.

Key Takeaway

If the home was jointly owned, transferred through a TOD deed, or placed in a living trust, then you may be able to move forward with the sale without involving probate court. But if you're unsure about how the home was titled, it’s wise to request a copy of the deed and review it with a title company or estate attorney.

For a related breakdown on title transfers, see:
🔗 How to Transfer Real Estate Title After Death in Michigan
🔗 Selling Inherited Property with Siblings in Michigan

When Probate Is Required to Sell a House in Michigan

In many cases, especially when no estate planning tools were used, probate is the only legal way to sell a deceased parent’s home. If your situation matches any of the following, you’ll almost certainly need to initiate the probate process before the property can be transferred or sold:

🚫 Sole Ownership with No Beneficiaries

If your parent was the only person listed on the deed and did not name a beneficiary—either through a trust, Lady Bird deed, or TOD deed—then probate is necessary. Michigan law requires that a court-appointed personal representative (executor) be given legal authority before the title can be transferred or sold.

⚖️ No Living Trust or Estate Plan in Place

When a property is not held in a living trust, and there are no legal documents directing what should happen after death, the estate must go through probate. This process ensures the court can verify heirs and creditors before assets like real estate are distributed or sold.

🏛️ Why Title Companies Require Probate Authority

Without clear legal ownership, title companies will not issue title insurance. That means a real estate sale cannot move forward until someone is officially granted authority—usually through Letters of Authority issued by a Michigan probate court.

If you're in this situation, don’t worry—probate doesn't always mean a lengthy court battle. Michigan allows for an “informal probate” process, which is often quicker and less expensive than people expect.

📘 Michigan Courts – Guide to Probate Estates
📎 Michigan Legal Help – Property Transfer After Death
📚 Law.Cornell.edu – Probate Overview

"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 About Michigan’s Small Estate Affidavit?

When families are trying to settle an estate quickly, they often look into Michigan’s Small Estate Affidavit as a way to avoid probate. While this tool can be incredibly helpful in certain situations, it has one major limitation: it usually can’t be used to transfer real estate.

📝 What Is a Small Estate Affidavit?

Michigan allows heirs to use a simplified process to claim certain personal property if the total value of the estate is under a specific threshold (adjusted annually—in 2025, it’s $27,000). This option is ideal for bank accounts, vehicles, or other non-real estate assets. It’s quick, affordable, and doesn’t require going through probate court.

📎 Michigan Legal Help – Using a Small Estate Affidavit

🏠 Why It Usually Doesn’t Apply to Houses

Here’s the catch: real estate is generally excluded from the small estate process in Michigan. Even if the home is modest in value, the legal title can’t be passed to a buyer or heir using only a Small Estate Affidavit. Title companies won’t honor it for property transfers, and courts typically won’t allow it unless very specific, narrow criteria are met.

If your goal is to sell the house, you’ll almost always need to go through probate if the home wasn’t jointly owned or placed in a trust.

📘 Michigan Courts – Guide to Probate Estates (Small Estates)

For a full explanation of how this process works and its limits, visit:
🔗 How to Use a Small Estate Affidavit in Michigan

And for more context on title transfer after death, see:
🔗 How to Transfer Real Estate Title After Death in Michigan

Risks of Trying to Sell a House Without Probate

It can be tempting to skip probate—especially when time, money, or emotions are running high after a parent’s passing. But attempting to sell a home without the proper legal steps can lead to serious complications. Even with a willing buyer, you’ll likely run into multiple roadblocks that can stall—or even derail—the sale.

⚠️ Clouded Title and Lack of Ownership

Without probate, your name is not legally recognized as the property owner, even if you're an heir. This creates a cloud on title, meaning the chain of legal ownership is incomplete or unclear. Title companies won’t insure the transaction, and buyers can’t get a mortgage without clear title—making the deal virtually impossible.

🛑 Closing Delays or Cancellations

Even if you list the property and accept an offer, the sale will likely fall apart at closing when the buyer’s title company discovers you don’t have the authority to sell. This can cost you time, money, and credibility with future buyers.

⚖️ Legal Consequences and Heir Disputes

Attempting to sell without probate can expose you to legal liability. Other heirs may challenge the sale, especially if they weren’t notified or didn’t agree. You could also be held personally responsible for acting without proper authority.

📋 Probate Isn’t Always Complex

Many families are surprised to learn that Michigan offers an informal probate process that’s relatively quick and cost-effective. The probate court can issue Letters of Authority within a few weeks in straightforward cases—giving you the legal standing to sell the property with full transparency.

For more information on the probate process and how to protect yourself legally, check out:
📚 Law.Cornell.edu – What Is Probate?
📘 Michigan Courts – Guide to Probate Estates
📎 Michigan Legal Help – Transfer Property After Death

You can also learn more about resolving ownership challenges at:
🔗 How to Sell Your Share of an Inherited House in Michigan
🔗 How to File a Partition Lawsuit in Michigan When a Sibling Won’t Sell Inherited Property

Gloria B. - Clinton Township, Michigan

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How to Sell the House Legally and Smoothly in Michigan

If you’ve determined that probate is required to sell your deceased parent’s home, don’t panic. With the right steps—and some patience—you can handle the process efficiently and avoid costly mistakes. Here’s a clear roadmap to get started:

1. 🏡 Identify How the Property Was Titled

Start by obtaining a copy of the deed from the county Register of Deeds. Look for indicators like:

Joint tenancy with rights of survivorship
Lady Bird deed or TOD designation
Trust ownership

If none of these apply and your parent was the sole owner, probate will likely be necessary.

📘 Michigan.gov – Local Register of Deeds Contacts

2. 📝 Open a Probate Case

File a petition with the probate court in the county where your parent lived. If the estate is straightforward, you may be able to proceed using Michigan’s informal probate process.

You’ll request Letters of Authority, which are court documents officially naming you (or another personal representative) as the person with legal authority to act on behalf of the estate.

📎 Michigan Courts – Starting a Probate Case

3. 🏠 Prepare and List the Property

Once you receive Letters of Authority, you can:

Work with a title company to clear any liens or title issues.
Hire an agent or sell the home yourself.
Accept offers and move forward with a legally sound closing.

Make sure to disclose that the home is being sold by an estate, and that the seller is acting under court authority.

4. ✅ Proceed to Closing

With proper documentation, the title company can finalize the sale, and proceeds can be distributed according to the will—or, if there’s no will, Michigan’s intestate succession laws.

For more guidance on probate and estate property sales, see:
🔗 Selling Inherited Property with Siblings in Michigan
🔗 Estate Home Solutions

Understanding the legal steps upfront can help you avoid unnecessary delays and ensure everything is done right the first time.

Common Mistakes to Avoid When Selling a Deceased Parent’s Home in Michigan

Navigating the sale of a parent’s home after their passing can be emotionally difficult—and legally complex. Many well-meaning heirs unintentionally make missteps that lead to title issues, court delays, or even financial loss. Here are some of the most common mistakes to watch out for—and how to avoid them.

❌ Trying to Sell Without Legal Authority

One of the biggest mistakes is listing or selling the home before probate is opened or without Letters of Authority. Even if all heirs agree, you won’t have the legal standing to transfer title until a probate court grants it. This can result in canceled closings and legal pushback from title companies.

❌ Assuming a Will Avoids Probate

A common myth is that having a will means you can skip probate. In reality, a will must be submitted to probate court to be validated. If your parent had a will, it can streamline the process—but it doesn’t replace probate altogether.

❌ Ignoring Outstanding Liens or Property Taxes

Before you sell, it’s important to uncover any debts tied to the property. Unpaid property taxes, code violations, or mortgages can complicate the sale and reduce the proceeds. A title search will reveal these issues early so you can address them before listing.

📎 For more on tax issues, visit:
🔗 Selling Property with Delinquent Taxes in Michigan
🔗 How Do Property Taxes Work for Inherited Homes?

❌ Delaying the Probate Process

Waiting too long to start probate can cause the property to sit vacant, fall into disrepair, or become a target for break-ins or squatters. The longer the process drags out, the harder it may become to sell.

If the house is already vacant, consider this helpful resource:
🔗 What Happens When a House Sits Vacant in Michigan?

Avoiding these common mistakes will save time, protect your family’s interests, and help you move forward with peace of mind. If you're ever unsure, it's worth consulting with a probate attorney or professional buyer familiar with Michigan probate law.

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