When Is Probate Required in Michigan and How Long Does It Take?

Understanding the Probate Process and Timeline in Michigan

Probate can feel like an intimidating legal process, especially when you’re already navigating the emotional weight of losing a loved one. In simple terms, probate is the legal procedure used to transfer property and settle debts after someone passes away. It’s overseen by Michigan’s probate courts and involves identifying the deceased person’s assets, paying any outstanding debts or taxes, and distributing what's left to the rightful heirs.

But here’s the key: not every estate in Michigan needs to go through probate. Whether probate is necessary depends largely on how the deceased person held their assets. For example, real estate owned solely in their name almost always triggers probate. On the other hand, assets held in joint ownership or designated to a beneficiary might completely bypass the court process.

Understanding when probate applies — and how long it usually takes — can help you avoid delays, reduce family conflict, and plan the next steps more confidently.

📚 For more on how Michigan defines probate, you can explore the Estates and Protected Individuals Code (EPIC).

When Is Probate Required in Michigan?

In Michigan, probate is generally required when someone passes away owning property or assets solely in their name, with no designated beneficiaries or joint owners. That means if the deceased did not have a living trust, payable-on-death accounts, or jointly titled assets, their estate will likely need to go through probate.

Here are the most common situations where probate is necessary:

Sole Ownership of Real Estate: If the deceased owned a house, land, or rental property solely in their name, probate is almost always required to legally transfer title.
No Beneficiary Designations: Bank accounts, investment accounts, or life insurance policies without a named beneficiary (or where the beneficiary is deceased) must go through probate.
No Living Trust: Assets not placed into a revocable living trust during the person’s lifetime are subject to the court process.
Disputes Over the Will: If someone contests the will or if there’s uncertainty about the rightful heirs, probate provides a formal process to resolve those issues.

Even if the estate seems small, probate may still be triggered depending on how the assets are titled.

🔍 For detailed guidance, the Michigan Legal Help site offers a helpful breakdown of probate triggers and steps.

📄 You can also consult the full Michigan Estates and Protected Individuals Code (EPIC) for legal definitions and conditions that require probate.

When Probate Is Not Required

Not every estate in Michigan has to go through probate. In fact, many families can avoid probate altogether if the deceased person took certain steps in advance — or if their assets were already structured to transfer automatically upon death.

Here are some common situations where probate is not required in Michigan:

Joint Ownership with Rights of Survivorship: If the deceased owned real estate, vehicles, or bank accounts jointly with someone else (like a spouse), the surviving co-owner typically inherits the property automatically without probate.
Transfer-on-Death (TOD) or Payable-on-Death (POD) Accounts: These designations allow assets like bank accounts, retirement funds, or investment accounts to pass directly to named beneficiaries.
Assets Held in a Revocable Living Trust: Property placed into a trust before death can be distributed by the trustee without court involvement, bypassing probate entirely.
Small Estates: If the estate's value is under a certain limit (currently $25,000 for personal property in 2024, adjusted annually for inflation), Michigan offers a simplified “small estate” process that avoids full probate. You can often use an affidavit to claim these assets.

These tools allow heirs to receive property more quickly and with fewer legal costs. However, you’ll want to make sure titles, designations, and trust documents are properly set up and maintained.

📘 You can learn more about alternatives to probate and the small estate process in the Michigan Probate Court Manual (PDF).

🔗 For related guidance, see How to Sell a House That Needs Repairs Fast in Michigan if you’ve inherited a property that’s eligible for simplified transfer but needs attention before selling.

"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

How Long Probate Takes in Michigan

Probate in Michigan isn’t always a quick process — especially for estates involving real estate, multiple heirs, or creditor claims. On average, a simple probate case takes 6 to 12 months to complete. However, some cases stretch far longer if there are legal disputes or delays in gathering documentation.

Here’s what affects the timeline:

Minimum Waiting Period: Michigan law requires a minimum 4-month window for creditors to file claims after public notice is given. This alone makes a quick resolution impossible.
Estate Complexity: Estates with numerous assets, multiple properties, or complicated tax issues take more time to process and distribute.
Disagreements Among Heirs: If family members dispute the will, challenge asset distributions, or file lawsuits, the process can be delayed by months or even years.
Court Scheduling: Michigan probate courts operate by county and may have backlogs depending on location and staffing.

It’s important to note that informal probate (used in uncontested cases) is generally faster than formal probate, which requires more court involvement.

📘 To better understand the timeline and possible delays, review Michigan Legal Help’s Probate Overview.

🔗 You may also find it helpful to read What Happens If One Heir Refuses to Sell a House in Michigan?, especially if delays stem from disagreements between heirs.

Steps in the Michigan Probate Process

Understanding the steps involved in probate can make the process feel less overwhelming. While each case is unique, most probate cases in Michigan follow a similar sequence, whether they are formal or informal.

Here’s a breakdown of the key stages:

Filing the Petition
A probate case begins when someone — usually a spouse, child, or other heir — files a petition with the probate court in the county where the deceased lived. If there’s a will, it’s submitted at this time.
Appointing a Personal Representative
The court will appoint a personal representative (also called an executor) to handle the estate. This person is responsible for managing all aspects of the probate process.
Notifying Heirs and Creditors
The representative must send formal notices to all known heirs and publish a notice in a local newspaper to inform potential creditors. This begins the four-month creditor claim period required by Michigan law.
Inventory and Appraisal of Assets
All assets — including real estate, personal property, financial accounts, and business interests — must be inventoried and appraised. This establishes the estate’s total value.
Paying Debts and Taxes
Valid debts and taxes must be paid before any assets can be distributed to heirs. This can include medical bills, credit cards, mortgage balances, and final income taxes.
Distributing Remaining Assets
Once debts are settled, the remaining estate can be distributed according to the will or, if there is no will, under Michigan’s intestate succession laws.
Closing the Estate
The final step is filing paperwork with the court to formally close the estate. This confirms that all responsibilities have been completed.

Each step involves legal responsibilities, court filings, and often, communication among multiple parties. While it’s possible to navigate probate on your own, many families choose to consult a probate attorney or estate specialist to avoid mistakes and delays.

📚 For a full overview, refer to the Michigan Probate Court Manual (PDF), which outlines both formal and informal probate procedures.

🔗 You can also learn more about the process of liquidating estate property on our page How to Sell a House in Probate 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"

Be Prepared for Probate in Michigan

While the word "probate" often brings anxiety, understanding when it’s required and what the process involves can remove a lot of uncertainty. In Michigan, probate is not always necessary — especially when proper planning tools like joint ownership, beneficiary designations, or living trusts are used.

But when probate is required, being informed helps families avoid common missteps. Knowing the legal timeline, the required steps, and the responsibilities of the personal representative can keep the process on track and minimize delays. Even in smaller estates, having a clear understanding of Michigan’s probate laws ensures that everything is handled properly — and legally.

For families managing inherited homes or other estate property, it's also important to consider what happens next. If the property will be sold, you may want to learn more about:

If you’re uncertain about your next step or just need clarity, visiting the official state resources can be a big help:
📘 Michigan Courts – Probate Manual (PDF)
📘 Michigan Legal Help – Overview of Informal Probate

Being proactive, organized, and informed can make this emotionally difficult process smoother for everyone involved.

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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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Additional Resources For Selling a Probate Home in Michigan:

How to Sell a Probate House in Michigan Without Getting Overwhelmed

When Is Probate Required in Michigan and How Long Does It Take?

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

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

How Does a Probate Sale Work in Michigan?

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

Can an Executor or Heir Live in or Rent Out the House During Probate in Michigan?

What Happens If One Heir Refuses to Sell a House in Michigan?

How to Transfer Real Estate Title After Death in Michigan