Michigan Probate Checklist for Families and Executors

Losing someone is difficult enough without sorting through court forms, property, and unpaid bills.

Bassett Murray Law Group is committed to improving lives, and we provide probate and trust administration services to families in Ann Arbor and Petoskey.

A clear checklist helps you preserve property, gather records, and track Michigan deadlines. County filing procedures may also affect what you submit and where you submit it.

This guide explains the first steps, simpler alternatives to probate, and the main duties involved in opening, administering, and closing an estate. It provides general information, not legal advice for a particular estate.

Immediate steps and documents to gather

Secure the person’s property and locate key documents before selling, transferring, or distributing anything.

Even when family members agree about who should receive personal belongings, early distributions can create accounting problems or expose the personal representative to a claim.

Michigan uses the term “personal representative” for the person commonly called an executor.

A will nomination does not automatically provide authority. The person generally must receive a court appointment before using estate funds or making financial decisions on the estate’s behalf.

Start with this document checklist:

•     Original will and any codicils
•     Trust agreements and amendments
•     Certified death certificates
•     Bank, investment, and retirement account statements
•     Life insurance policies and beneficiary designations
•     Real estate deeds and mortgage records
•     Vehicle and boat titles
•     Recent income tax returns
•     Bills, loan records, and recurring payment information
•     Business ownership and digital asset records
•     Names and contact information for close family members and anyone else named in the will or trust

Photograph valuable property, secure real estate, record every expense paid for the estate, and log tasks for the estate, including the date and the amount of time it took.

Beneficiary designations and trust ownership may determine that certain assets pass outside probate, so review them and consult with a probate attorney before choosing a court procedure.

Checklist for opening the probate estate

Opening probate establishes the court file and, when approved, gives the personal representative authority to act. Filing in the wrong county or choosing the wrong proceeding can cause delay and additional paperwork.

The opening tasks commonly include:

•     Determining the proper probate court
•     Filing the original will, if one exists
•     Preparing the application or petition
•     Identifying heirs, devisees, and other interested persons
•     Requesting the appointment of the personal representative
•     Completing any required acceptance, bond, or notice documents
•     Obtaining Letters of Authority

Informal probate generally works when the documents and appointment are uncontested. Formal probate involves a judge and may be appropriate when there is a dispute, uncertain heirs, or a problem with the will.

The standard initial fee for opening a formal or informal estate is $187. Fees for publication, inventory, copies, valuations, and professional services will be additional.

MCL 700.1309 addresses the probate court’s authority to appoint a certain fiduciary or issue an injunction when reliable information indicates an immediate risk to an estate or trust.

A delayed estate should be reviewed individually rather than treated as eligible for filing. If there is no will, the same basic checklist applies, but Michigan law determines the order of appointment and inheritance.

Requirements for notifying heirs and creditors

The personal representative must give the required notices to interested people and potential creditors. Informal conversations with relatives do not replace court notices or proof that notice was properly provided.

A creditor notice usually involves publication in a qualifying local newspaper. The personal representative may also need to send direct notice to known creditors.

Under MCL 700.3803, creditors generally have four months after publication to present claims, while separate rules affect known creditors who receive direct notice.

Keep copies of each notice, mailing record, publication affidavit, and returned envelope. These records can matter if someone later says they were excluded from the process.

Inheritance rules may also conflict with a person’s informal wishes. An unmarried partner, close friend, or chosen family member does not necessarily inherit property when there is no valid will or beneficiary designation.

Bassett Murray Law Group helps families carefully address sensitive notices, especially when legal heirs and the person’s closest relationships are not the same.

Deadlines for estate inventory and asset valuation

The personal representative must identify and value probate assets. Under MCL 700.3706, the estate inventory must be prepared within 91 days after appointment and must include date-of-death values and applicable liens.

Several dates deserve a place on your calendar:

MCR 5.307 governs inventory procedures and information used to calculate the probate court inventory fee. An incomplete inventory can affect fees, accounting, and later distributions.

Property does not need to be located in the same county as the court file. For example, an estate opened for a Washtenaw County resident may include a home in another county, a bank account in another state, or a vehicle stored elsewhere.  An ancillary estate may need to be opened if there is real estate in another state.

Record each asset’s location and ownership, and investigate whether another state’s procedure is necessary.

Real estate, closely held business interests, collectibles, and other unusual property may require a qualified appraiser. Online estimates or old insurance values may not establish an accurate date-of-death value.

Rules for paying estate debts and taxes

Valid debts, administration expenses, and taxes must be addressed before beneficiaries receive the remaining property. A personal representative should not pay every bill immediately, particularly when the estate may lack enough money.

Open an estate bank account and keep estate money separate from personal funds. Deposit estate income into that account and use it for approved expenses, with receipts and a clear record of transactions.

Review each creditor claim for the following points:

•     Whether the debt belongs to the deceased person
•     Whether records support the amount
•     Whether the creditor submitted it on time
•     Whether the estate has a defense or basis to deny it
•     Whether funds are sufficient to pay claims in the required order

Avoid paying estate expenses personally unless you understand how reimbursement will work. When debts exceed assets, Michigan law controls payment priorities. Favoring one creditor or beneficiary may create personal liability.

The personal representative may also need to file the deceased’s final income tax return and any returns required for the estate. Tax obligations vary with income, assets, and transactions, so that complex estates may require legal and tax advice.

Steps for distributing property and closing the estate

Distribution generally follows creditor claims, administrative expenses, and taxes. Giving beneficiaries money too early can leave the personal representative trying to recover it when a valid bill appears.

Before distributing property, confirm that the creditor period has ended and set aside sufficient funds for taxes, fees, and final expenses. Follow the will when it controls. Without a will, distribute property under Michigan intestacy law.

Final transfer work may include:

•     Prepare and record deeds
•     Transfer vehicle or account titles
•     Sell property when authorized and necessary
•     Obtain receipts for cash and physical property
•     Divide personal belongings under the governing documents
•     Prepare a final accounting
•     File the required closing documents

The accounting starts with the Inventory value.  It should show assets received, income earned, expenses paid, property sold, and distributions made. The resulting tally should be the same as the value of the assets remaining in the estate.  Beneficiaries should be able to follow the money without having to reconstruct months of bank activity. 

Court closing documents are part of the process for ending the administration and the personal representative’s authority. Keep the estate records after closing in case a tax question, omitted asset, or beneficiary concern arises.

When to seek legal guidance for estate administration

A straightforward estate may be manageable without extensive legal help, but warning signs should prompt an early conversation with a Michigan probate lawyer.

Waiting until a deadline has passed or property has been distributed can narrow the available choices.

Consider seeking guidance when:

•     Heirs disagree about the will, property, or personal representative
•     The will contains unclear or conflicting terms
•     Debts may exceed estate assets
•     The estate includes a business or a difficult valuation
•     A beneficiary has a disability or receives needs-based benefits
•     Real estate must be sold or managed across counties or states
•     Tax filings are uncertain
•     A personal representative lives outside Michigan
•     A trust and probate estate must be administered together

Bassett Murray Law Group regularly assists personal representatives facing court deadlines, business interests, creditor problems, and difficult family dynamics.

Local counsel can also handle Michigan filings and court requirements when the personal representative lives elsewhere.

Ready to discuss your estate administration needs? Contact Bassett Murray Law Group today.

A careful estate administration starts with preserving property, confirming the correct procedure, and recording every deadline. Print or save this Michigan executor checklist so you can track documents, court dates, creditor notices, and distributions.

Bassett Murray Law Group provides probate and trust administration services from its Ann Arbor and Petoskey offices. Call (734) 930-9200 for our Ann Arbor office or 231-427-2292 for our Petoskey office, or visit our contact page to schedule a consultation and discuss an unclear, disputed, or difficult estate.