How does probate work in Michigan?

1. Governing Code. Michigan Estates and Protected Individuals Code (EPIC), MCL 700.1101 et seq. Michigan is a UPC state and largely follows the Uniform Probate Code.

2. Court. Probate Court in the county of the decedent's domicile (MCL 700.3201).

3. Petition to Open. Application or Petition for Probate filed by the named personal representative or interested person under MCL 700.3301. EPIC offers two tracks: Informal Proceedings (started by Application) and Formal Proceedings (started by Petition).

4. Letters of Authority. Issued by the Probate Register (informal) or Judge (formal) under MCL 700.3103, giving the personal representative authority to act.

5. Notice to Creditors. Published in a newspaper of general circulation under MCL 700.3801 plus direct notice to known creditors. Creditor claim deadline is 4 months after publication (MCL 700.3803).

6. Inventory. Filed within 91 days of appointment under MCL 700.3706.

7. Independent / Informal Administration. Informal Unsupervised Administration is Michigan's standard track under MCL 700.3306, with limited court involvement. Supervised Administration is available on request under MCL 700.3501.

8. Summary / Small-Estate Procedure. Affidavit Procedure under MCL 700.3983 when the estate does not exceed the inflation-adjusted threshold ($27,000 for 2024). Summary Administration under MCL 700.3987 is available when assets cover only funeral, administration costs, and family allowances. Assignment of Property under MCL 700.3982 covers small estates with no real property.

9. Closing. Sworn Statement to Close Unsupervised Administration under MCL 700.3954, or Petition for Complete Estate Settlement under MCL 700.3952.

10. Probate Avoidance. Michigan Lady Bird Deed (enhanced life estate) recognized by case law and Land Title Standard 9.3, revocable living trust, joint tenancy with right of survivorship, POD/TOD accounts, beneficiary designations.

This is legal information, not legal advice.