Formal vs. Informal Probate: A Closer Look at the Differences in Michigan

Have you ever wondered how an estate is handled if someone passes without a designated plan in place?

We’re Bassett Murray Law Group, PLLC, a Michigan practice with more than three decades of experience helping families with wills, trusts, and estate matters.

Our goal today is to explain what “formal probate” and “informal probate” mean under Michigan law so you can choose the route that fits your family’s wishes and concerns.

Michigan Probate Proceedings: Formal vs. Informal

In Michigan, probate is required when someone dies and leaves assets titled solely in their own name. Probate is the court-guided process where a deceased person’s assets are identified, their debts are handled, and any remaining funds or property pass to their heirs or beneficiaries. In many cases, the personal representative (sometimes called an executor) decides whether to pursue formal or informal probate.

Michigan also offers a simpler process for estates valued below a statutory threshold. Currently, there’s a small-estate process available if the estate’s total value does not exceed $51,000 for someone who dies in 2025. This method is handled with minimal court involvement, making it a more streamlined option if the estate is modest.

Informal Probate in Michigan: A Streamlined Approach

Informal probate often involves fewer steps and lower costs, making it an appealing path for many families. Unlike formal probate, which involves a judge’s overall supervision, informal probate occurs before a probate register. You initiate informal probate by filing an application (Michigan’s form PC 558) in the county where the deceased person resided.

This process allows the personal representative to administer the estate once the probate register approves the application. If the decedent did not live in Michigan but owned property here, you can file in the county where that property is located. Informal probate tends to move faster, but certain estates do not qualify, such as those involving multiple wills with conflicting provisions.

Before we move on, here’s a quick look at a few common forms used in Michigan probate:

Form	Description
PC 558	Application for Informal Probate or Appointment of Personal Representative
PC 559	Petition for Probate or Appointment of Personal Representative in Formal Proceedings
PC 565	Testimony to Identify Heirs
PC 566	Supplemental Testimony to Identify Persons Named in a Will Who Are Not Heirs

 

The probate register can issue documents called Letters of Authority, which give the personal representative legal power to handle estate tasks. However, informal proceedings may not be allowed if there’s a dispute over the last will and testament or if someone challenges the priority of a proposed personal representative.

Formal Probate in Michigan: When Is It Necessary?

Formal probate is sought when there are conflicts about a will or competing opinions regarding the personal representative. In this setting, a probate judge oversees matters, offering more structure if disagreements arise. Formal probate may also be preferred when the estate includes property of higher value or if there is reason to believe the will may be contested down the road.

Within formal probate, you’ll see two types of administration: supervised and unsupervised. Supervised administration demands that most actions, including significant distributions, receive the court’s approval. Unsupervised administration gives the personal representative more freedom to act, though the court can step in if a disagreement emerges.

When you petition the court for formal probate (using Michigan’s form PC 559), you might need to send hearing notices to heirs, anyone named in the will, and others who have asked for written updates. If the matter is contested, the court would weigh the evidence, decide on the validity of a will, or confirm who should act as personal representative.

Key Differences Between Formal and Informal Probate

The main difference between formal and informal probate is the level of court involvement. In an informal proceeding, filings are reviewed by a probate register, and there’s generally less expense and fewer delays. By contrast, formal probate brings more oversight from the judge, which can add time but may provide added reassurance when there are uncertainties.

Informal probate suits those who expect a smooth administration without heated objections or complicated estate assets. Formal probate, in contrast, is often chosen if the family anticipates any unresolved topics or if the will’s contents raise questions that a judge needs to address in a final order.

Personal Representative Responsibilities: Formal vs. Informal Probate

Whether appointed through informal or formal probate, the personal representative performs similar duties. These include preparing an accurate inventory of assets, paying off debts and taxes, and distributing the estate to the lawful recipients. In both procedures, the personal representative should keep detailed records and file any required documents with the court.

However, if the estate is in formal probate, the personal representative might have to seek advance approval before transferring certain assets. Below is a quick bullet list of typical responsibilities that apply in most probate setups:

• Notifying known heirs and interested persons of all relevant court filings
• Collecting and safeguarding the decedent’s belongings
• Filing tax forms for the decedent and the estate
• Resolving claims made by valid creditors
• Completing any final distributions to heirs or beneficiaries

Every personal representative also needs to follow set timelines. In most cases, the probate court will remain open for at least five months to allow creditors time to file claims.

Supervised vs. Unsupervised Administration

A probate judge may order supervised administration if a dispute crops up or if a party petitions for extra court involvement and the judge finds supervised probate to be necessary. Supervised administration keeps the court informed about each step, including how and when assets are handed out. It carries a higher level of formality since the personal representative must receive approval for key decisions.

In contrast, unsupervised administration is the norm unless the judge or an interested party specifically requests court oversight. With an unsupervised approach, the personal representative still has to keep accurate records but can act on behalf of the estate without asking the court for each decision. The judge steps in only if someone files an objection or needs a ruling on a point of contention.

Choosing the Right Path: Factors to Consider

Any interested party may commence a formal testacy, that includes heirs, the personal representative named in the will, and others.

Before petitioning the court for formal testacy, one should think about whether the added cost and time of a formal approach are worth the greater security of having a judge’s involvement.

Privacy is another consideration. Informal proceedings can be more private since fewer filings are scrutinized in open court. On the other hand, formal probate could be a better fit if you want the reassurance of a judge’s review at each stage. Evaluating family relationships and the complexity of the assets can help you decide which procedure matches your circumstances.

Need Assistance with Michigan Probate? Contact Bassett Murray Law Group, PLLC

We understand how important it can be to have caring legal guidance when settling a loved one’s affairs. Our attorneys at Bassett Murray Law Group, PLLC, are invested in improving lives and take pride in serving Michigan families with warmth and attentiveness. If you’d like to talk about formal or informal probate, call us at 734-930-9200 in Ann Arbor or 231-427-2292 for our Petoskey office or visit our Contact Us page. We focus on providing reliable, direct answers so you can move forward with clarity and a sense of calm. Whether your estate matter is simple or complicated, we look forward to giving you the help you deserve.