Can You Sell an Inherited House Without Probate in Michigan?

Understanding Michigan's Probate Rules and Exceptions for Inherited Real Estate

Losing a loved one is never easy.

On top of the grief, many families in Michigan find themselves suddenly responsible for a house they didn’t expect to manage. It’s common to feel overwhelmed by the legal and financial steps involved—especially when you’re unsure if probate is even required to sell the home.

If you’re asking whether you can sell an inherited house without going through probate, you’re not alone.

Let’s walk through what’s possible—and what’s not—so you can move forward with clarity.

What This Topic Means in Michigan

Probate is the legal process that gives someone the authority to transfer assets from the deceased to the rightful heirs. In Michigan, this includes real estate. Unless a property is owned in a way that allows it to pass automatically to someone else—like through a Lady Bird Deed or joint ownership with rights of survivorship—probate is usually required to sell the inherited house.

There are, however, some important exceptions. Michigan allows certain simplified procedures for what are called “small estates.” These may allow an heir to transfer or sell a property without a full probate proceeding, depending on the circumstances. Additionally, assets held in a trust or with properly designated beneficiaries typically do not go through probate.

The Michigan Courts provide a helpful overview of how probate works and the different types of proceedings available.

How This Affects Selling an Inherited Home

If you’re planning to sell the inherited property, the probate requirement can significantly impact your timeline. Here’s how:

You can’t legally sell a house that isn’t officially in your name. Title cannot transfer to a buyer until you have legal authority—either through probate or a legal exception.
Buyers and title companies require clear ownership. Even if you’ve already cleaned the house, listed it, and accepted an offer, the deal can fall apart if probate hasn’t been completed or the seller isn’t authorized.
Trying to sell before probate is complete can lead to delays or legal disputes. It’s important to know where you stand before moving forward with the sale process.

In some cases, such as when the estate is very small, a small estate affidavit under Michigan law (MCL 700.3983) may be an option. This can help avoid full probate for estates under a certain value, including property in limited situations.

Common Scenarios You May Be Facing

You're the only heir and the house was jointly owned.
If the deceased person owned the home jointly with you—say, as a spouse or parent with survivorship rights—then the property may have automatically passed to you. In that case, probate may not be necessary.

You inherited a home, but it was not part of a trust.
Without a trust or joint ownership, the property is likely subject to probate, even if you have a will naming you as the beneficiary.

You want to sell the house quickly but haven’t started probate.
This is a common situation. Unfortunately, you can’t legally sell the property until the court gives someone authority through probate—unless a legal exception applies.

The estate is small and the house is low in value.
Michigan’s small estate rules might help. If the estate’s total value falls under the limit set by law (adjusted annually), you might be able to use a small estate affidavit to claim and sell the property.

Are You Trying to Understand Your Options?

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What Are Your Options?

Here’s what you can do if you’re trying to sell inherited property and wondering about probate:

Check the title and how the property was owned. Was it in joint tenancy? Was there a Lady Bird Deed? These factors will determine if probate is necessary.
Consult with the probate court or a legal professional. If you're unsure, your county's probate court can help you understand which type of probate (or shortcut) might apply.
File a small estate affidavit if applicable. If the estate qualifies, this can save time and legal expenses. You’ll still need to notify the court and follow proper steps.
Don’t try to sell the house before you have legal authority. Doing so can complicate the sale and even result in legal consequences.
Work with a local investor who understands probate delays. Some cash buyers—including us—are familiar with the probate process in Michigan and can work on flexible timelines while you sort out the paperwork.

To better understand the broader process and your rights as an heir, see our full guide on Selling an Inherited House in Michigan.

Cost, Time, and Emotional Considerations

Navigating probate while trying to sell a house can feel like trying to run through molasses. But once you know the rules, your next step becomes clearer.

If you're still unsure how probate applies to your situation—or if you're dealing with other family members as co-heirs—check out our full breakdown on Selling an Inherited House in Michigan. It covers everything from title issues to buyout options.

No one wants to get stuck in legal red tape during an already painful time.

While Michigan probate law may require a few extra steps, understanding your options now can prevent bigger problems later. If you're facing a home sale and aren’t sure where probate fits in—or whether you can skip it—reach out.

We're happy to explain how the process works and offer guidance, even if we’re not the right buyer for your situation.

"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

FAQ: Selling an Inherited House Without Probate in Michigan

Can I sell an inherited house before probate is complete in Michigan?
No, not legally. Until the probate court gives you the authority to manage the estate, you can’t sell the home—even if you’re named in the will.

What if the estate is very small—do I still need probate?
Possibly not. Michigan offers a small estate affidavit option if the estate’s value is under a certain limit, which may let you transfer property without full probate.

What if the house was held in a trust?
If the house was placed in a revocable living trust before the person died, it can likely be sold without going through probate.

How long does probate take before I can sell the house?
In Michigan, simple probate can take a few months, while complex cases may take a year or more. It depends on the county and if there are disputes.

Can multiple heirs sell the house without probate if they agree?
Even if all heirs agree, you’ll still need one person with legal authority from the court to handle the sale

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.”

Claudia and Nancy M. - Michigan

We Help Michigan Families Navigate These Situations Every Day

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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:

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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.

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