How Probate Works in Michigan: Timeline and Key Steps

Settling a loved one’s affairs can feel overwhelming. Understanding the deadlines and required documents can make Michigan probate more manageable.

Bassett Murray Law Group is invested in improving lives and provides legal services in probate administration, estate planning, and elder law.

This guide explains court procedures, expected costs, and common delays so personal representatives can fulfill their duties and reduce personal liability.

Michigan law applies statewide, but filing procedures in Ann Arbor, Petoskey, and other local courts may differ.

What probate is and when it becomes necessary

Probate is the court process used to collect a deceased person’s property, pay valid debts, and distribute what remains. Whether it is necessary depends mainly on how the person owns each asset.

The basics of estate administration

Probate generally applies to assets owned solely in the deceased person’s name without a beneficiary designation. A will does not prevent probate. It tells the court who should receive probate property and may nominate a personal representative.

Some property can transfer outside probate, including:

•     Property owned jointly with survivorship rights
•     Assets held in a trust
•     Life insurance with a living beneficiary
•     Retirement accounts with beneficiary designations
•     Bank or investment accounts with transfer-on-death instructions

Review ownership records and beneficiary forms before opening an estate. An account may pass directly to a beneficiary even when the will says something different.

How intestacy laws affect nontraditional families

When someone dies without a valid will, Michigan law decides who inherits. MCL 700.2102 sets the intestate shares for a surviving spouse when a Michigan resident dies without a will, while related statutes address descendants and other relatives.

These default rules generally do not give inheritance rights to an unmarried partner or chosen family member. This may leave LGBTQIA+ partners and other chosen family members without an inheritance.

A valid will or trust can name the people you want to protect. Beneficiary designations and property titles should also match that plan.

How Michigan categorizes probate proceedings

Michigan estates are categorized by how the case begins and how much continuing court supervision it receives. These are separate decisions.

Formal versus informal commencement

The probate register usually handles informal probate without a court hearing. It may fit an estate with an original will, identifiable heirs, and no dispute about who should serve as personal representative.

Formal probate requires a judge and a hearing.

It may be necessary when someone challenges the will, heirs cannot be located, or interested parties disagree about the appointment. MCL 700.3401 governs the commencement of formal testacy and appointment proceedings.

We often help families determine which opening method fits the known facts. Choosing correctly at the beginning can prevent rejected filings, unnecessary hearings, delayed administration, and wasted money.

Supervised versus unsupervised administration

Unsupervised administration allows the personal representative to handle most estate business without requesting court approval for each action. It can reduce the need for court approvals and the related costs.

Supervised administration gives the court continuing authority over major decisions. It may be appropriate when beneficiaries disagree, fiduciary conduct is questioned, or the estate includes difficult assets.

An estate may begin unsupervised and later become supervised if conflict develops. Unsupervised administration may be appropriate when the assets are manageable, and the beneficiaries are not in conflict.

The chronological Michigan probate timeline

A standard Michigan probate estate often takes about 7 to 12 months, though disputes, property sales, tax issues, and missing heirs can extend that period. The major stages usually follow this sequence.

These are statewide benchmarks. Each probate court may have its own filing methods, scheduling practices, and document requirements.

Opening the estate and appointment

The case begins in the probate court for the county where the deceased person lived. The applicant generally needs the original will, death certificate, and information identifying heirs and people named in the will.

Gathering bank records, property deeds, and death certificates can delay the first filing. Once appointed, the personal representative receives Letters of Authority, which authorize them to act on behalf of the estate.

The personal representative should then open an estate bank account to hold the probate estate assets. Estate income and expenses should not pass through a personal account.

The 91-day inventory deadline

The personal representative must locate and value the probate assets soon after appointment. The obligation under MCL 700.3706 and Form PC 577 generally must be addressed within 91 days.

The inventory may include real estate, vehicles, bank accounts, business interests, and personal property. Values generally reflect what each asset was worth on the date of death. The value of typical household items, personal effects, and other personal property can usually be estimated for purposes of the Inventory.

An appraiser may be needed for real estate, collectibles, business interests, or unusual property. Keep appraisals, statements, and valuation notes because beneficiaries may question how a figure was calculated.

The four-month creditor notice period

The personal representative should address administrative costs and valid estate debts before making final distributions to beneficiaries. The personal representative generally publishes notice in an approved local newspaper and sends direct notice to known creditors.

Creditors have four months from publication to present claims.  A known creditor who received proper notice has 30 days to file a claim. The personal representative should review each claim and formally disallow claims that are invalid, untimely, or unsupported.

Early distributions to heirs or beneficiaries can create personal financial risk if the estate later lacks enough money to pay approved debts. A beneficiary’s request for a quick payment does not shorten the claims period.

Closing the estate

Closing requires the personal representative to complete tax filings, pay approved expenses and debts, and distribute the remaining property.

An unsupervised Michigan estate may generally close beginning five months after the original personal representative’s appointment, provided any required creditor notice and claim periods have expired, tax returns are filed, and other closing requirements are satisfied.

An unsupervised estate may close by filing the Sworn Statement to Close Unsupervised Administration, Form PC 591. Complete the required administration steps and waiting periods before filing the statement.

Signed receipts from beneficiaries create a record that distributions were delivered. Keep them with account statements, tax documents, and the final estate accounting.

Common causes of probate delays

Family conflict and difficult assets can push an otherwise routine estate beyond the usual 7- to 12-month estimate. Some delays are unavoidable, but good records and regular communication can keep small questions from becoming formal objections.

Frequent causes include:

•     Challenges to the will or the personal representative’s appointment
•     Real estate that needs repairs, has title problems, or takes time to sell
•     Missing heirs who must be located before distribution
•     Insolvent estates in which debts exceed available assets
•     Late income tax or estate tax filings
•     Disputes about values, expenses, or proposed distributions

In an insolvent estate, Michigan law controls the order in which claims are paid. The personal representative should not decide based on which creditor seems most deserving.

Regular written updates help beneficiaries understand why money remains in the estate. A short status report can prevent assumptions that nothing is happening.

Expected probate costs and expenses

Probate expenses generally include court fees, publication, professional services, and the ongoing costs of maintaining estate property. The final amount depends on the assets and whether anyone contests the administration.

Reported starting estimates include:

•     $187 to open a Michigan probate estate and receive the certified Letters of Authority
•     Publication fee for creditors’ notice is approximately $100
•     Surety Bond fee for the Personal Representative, if required by the Court, averages $500- $ 1,500 per year the estate is open
•     Approximately $300 to $500 per hour for probate attorney services
•     Tax preparer and real estate agent fees

Appraisal, accounting, insurance, repair, storage, and property management costs vary considerably. An uncontested estate with organized records usually requires less legal work than one involving litigation, business property, or disputed claims.

Fees can change, and local publication charges vary by county and newspaper. Verify current charges with the probate court and request a clear fee structure from each person or company the estate hires.

When to hire a probate attorney

Michigan allows a person to open and administer probate without an attorney, but the personal representative remains responsible for meeting deadlines, creditor claims, recordkeeping, taxes, and distributions.

Mistakes can expose that person to objections or personal financial liability. 

An experienced attorney knows the quickest routes to clearing title to various assets without wasting time or money, and protecting the personal representative from liability.

Bassett Murray Law Group regularly helps personal representatives determine if probate is necessary, organize inventories, address creditor notices, navigate communication with beneficiaries, and prepare closing documents. Seeking guidance early is easier than correcting a missed deadline or improper distribution later.

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

Michigan probate requires careful attention to deadlines, creditor rights, and county court procedures. Before a consultation, gather the will, death certificate, recent financial statements, property records, contact information for the beneficiaries and close family members, and information on known creditors.

Bassett Murray Law Group serves personal representatives and families through 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 the next filing step.