How to Transfer Property After the Death of a Parent in Michigan (With a Will)

Losing a parent is hard, and handling property transfers can feel overwhelming. In Michigan, if there’s a will, start by locating it and submitting it to the probate court where your parent lived. 

The court validates the will and appoints a Personal Representative (executor) to manage the estate, gather assets, pay debts or taxes, and distribute property as outlined.

At Bassett Murray Law Group, PLLC, we’ve helped Michigan families with estate planning and probate for over 30 years, ensuring smooth property transfers while respecting your family’s needs.

After all, we’re invested in improving lives.

The Will and the Probate Process in Michigan

A will is the cornerstone of property transfer after a loved one’s death, acting as a roadmap for distributing their assets. Here’s what you need to know:

The Role of the Will

A valid will outlines your parent’s wishes regarding their property and belongings. Your first step is to locate the original document and submit it to the probate court for validation. Common assets included in a will might be:

• Real estate, like a family home.
• Financial accounts and investments.
• Personal belongings, such as jewelry or vehicles.

The Executor’s Responsibilities

In Michigan, the executor (called a Personal Representative) ensures that the will’s instructions are carried out. Their duties include gathering assets, paying debts, and distributing property as specified in the will. It’s a role that requires careful organization and accountability.

Overview of the Probate Process in Michigan

Probate ensures the legal transfer of assets. Here’s how it works:

1. File the will with the probate court in the county where your parent lived.
2. Petition the court to appoint a Personal Representative.
3. Validate the will and notify creditors.
4. Create an inventory of assets and appraise their value.
5. Distribute property to heirs with court oversight.

Methods of Property Transfer in Michigan

Depending on the size and complexity of the estate, Michigan offers several methods for property transfer.

Formal Probate

Used for larger or more complicated estates, this process involves close court supervision. It’s common when there are disputes or ambiguities in the will.

Unsupervised Administration

This less formal option is for estates without significant disputes. The Personal Representative has greater independence in managing the estate.

Simplified Procedures for Small Estates

If the estate is valued under $50,000 as of 2024, Michigan offers simplified procedures. Here’s how it works:

• After 28 days, you can submit a sworn statement and death certificate to claim assets, provided no Personal Representative is appointed.
• For specific assets, you can use an Affidavit of Decedent’s Successor. This requires:
  • Waiting 28 days.
  • A notarized affidavit and supporting documents.

Simplified processes make it easier for smaller estates to bypass full probate.

Non-Probate Transfers

Some assets don’t require probate. These include:

• Life insurance or retirement accounts with designated beneficiaries.
• Property held in a trust.
• Jointly owned property.

The state recognizes three types of probate proceedings: informal, unsupervised formal, and supervised formal. And, the probate process typically takes between seven months to a year to complete. Michigan’s Estates and Protected Individuals Code (EPIC) governs these transfers and clarifies how non-probate assets are handled.

Transferring Specific Property Types

Different types of property require different steps for transfer.

Real Estate

• Obtain a certified copy of the will from probate court.
• Prepare a new deed naming the heirs or beneficiaries.
• File the deed with the county Register of Deeds.
  Be mindful of potential property taxes or estate taxes that may apply.

Vehicles

For vehicles, the Michigan Secretary of State handles title transfers. You’ll need:

• The will, death certificate, and odometer disclosure statement.
• An application for a new title.
  Vehicles valued under $60,000 often have simpler procedures, especially if there’s no surviving spouse.

Bank Accounts and Investments

Accessing financial accounts typically involves presenting a death certificate and a copy of the will to the financial institution. Accounts with beneficiaries can often bypass probate entirely. The state allows for “payable-on-death” (POD) designations on bank accounts and “transfer-on-death” (TOD) registrations for stocks and bonds.

Safe Deposit Boxes

To access a safe deposit box, you’ll need documentation like the will or proof of ownership. Michigan law allows institutions to release items like burial deeds directly to the probate register.

Common Challenges and Pitfalls

Transferring property after the loss of a parent can sometimes bring unexpected complications. Even with a well-drafted will, issues may arise that complicate the process.

One common challenge is will contests, where someone questions the validity of the will. This could involve claims of undue influence, improper execution, or questions about the mental state of the person who created it. 

Disputes among beneficiaries can also surface, particularly when emotions are high or there are differing interpretations of the will’s terms.

Locating assets can be another hurdle, especially if your parent’s records weren’t well-organized. Missing bank accounts, hidden valuables, or undocumented property can cause delays in finalizing the estate.

For families with blended dynamics—like stepchildren or second marriages—property division can become even more sensitive. Disinherited heirs or unequal distributions may lead to tension or legal challenges. 

These situations require careful handling to maintain fairness and preserve family relationships.

Need Help with Property Transfer in Michigan? Contact Us Today

Planning for the future is one of the most thoughtful things you can do for your family. By establishing a will or trust, you ensure that your wishes are honored and your loved ones are protected. Regularly reviewing your estate plan is just as important, especially as circumstances change.

At Bassett Murray Law Group, PLLC, we’re here to guide you every step of the way. Whether you’re managing probate or planning your own estate, we’re committed to giving you peace of mind. Call us at 734-930-9200 in Ann Arbor or 231-427-2292 in Petoskey to schedule a consultation.

We’re invested in improving lives—starting with yours.