When someone passes away, their estate must often go through probate—the legal process of settling debts and distributing property. It’s a system designed to ensure fairness and clarity, but it can also involve detailed paperwork, court filings, and strict deadlines. Knowing what to expect and where to get help can make the process far less stressful for you and your family, while helping you protect your loved one’s wishes and preserve family harmony.
Understanding the Michigan Probate Process
Probate in Michigan follows a structured court process to ensure an estate is administered according to state law and the decedent’s wishes. The process depends on whether the estate qualifies for formal or informal administration.
Typical steps include:
Filing a petition — The process begins when an interested party (usually a family member) files a petition in probate court.
Appointment of a personal representative — The court formally appoints someone to manage the estate.
Notice to heirs and creditors — The representative must notify all interested parties and publish notice for potential creditors.
Inventory and appraisal — All assets must be listed and valued.
Payment of debts and taxes — Valid claims, expenses, and taxes are paid from the estate.
Distribution of assets — Remaining property is distributed to heirs or beneficiaries according to the will or Michigan’s intestate succession laws.
These steps ensure transparency and accountability, whether the estate involves a modest bank account or significant real property.
Many estates qualify for informal probate, which is handled primarily by the probate registrar rather than a judge. However, formal probate may be required if disputes arise over the will’s validity or asset distribution.
Recent Updates to Michigan Probate Law
Michigan’s probate system operates under the Estates and Protected Individuals Code (EPIC). Recent procedural changes have modernized the process, allowing more filings and notices to occur electronically. Courts are also emphasizing mediation and informal resolution in contested cases, helping families save time and reduce costs.
Other notable developments include:
Michigan has updated its small estate procedures, allowing families to transfer property worth up to $51,000 after funeral and burial expenses (as of 2025) through a simplified process.
Enhanced rules for digital assets, allowing personal representatives to access online accounts when authorized.
Increased focus on creditor deadlines, which can now bar late claims more efficiently.
These changes reflect Michigan’s efforts to streamline probate while maintaining fairness and accountability.
Common Mistakes to Avoid During Probate
Even with clearer rules, probate can be complicated. Common pitfalls include:
Failing to file within the correct county where the deceased resided.
Mismanaging estate assets, such as selling or distributing property too early.
Ignoring creditor claims or missing required publication deadlines.
Not obtaining proper court approval before making major financial decisions.
Mistakes can result in penalties, personal liability for the representative, or prolonged disputes among family members. Seeking legal guidance early can help you stay compliant and minimize conflict.
Why Work With a Probate Attorney
Probate attorneys guide families through each step, ensuring that all filings, notices, and deadlines are met. At Keating Law, PLC, we help clients across Michigan handle probate efficiently, whether they are serving as a personal representative, facing a contested will, or simply seeking to understand their rights.
Working with an attorney can:
Simplify complex paperwork and court filings
Prevent errors that delay estate distribution
Protect against unnecessary costs and disputes
Provide peace of mind during a difficult time
Getting the Right Support for Michigan Probate
Every estate is unique, and even straightforward cases can present unexpected challenges. With experienced legal support, you can complete the process properly and protect your loved one’s legacy.
Contact Keating Law, PLC today to discuss your probate matter and learn how we can help you move forward with clarity and confidence.
Frequently Asked Questions About Michigan Probate
How long does probate usually take in Michigan?
The length of probate depends on the size and complexity of the estate. In most Michigan counties, informal probate can often be completed within six to nine months, while formal proceedings or disputes may extend the process to a year or more. Delays are more likely when creditor claims or will contests arise.
Can probate be avoided in Michigan?
Yes. Probate can sometimes be avoided by using tools such as revocable living trusts, joint ownership with rights of survivorship, payable-on-death (POD) accounts, or transfer-on-death (TOD) designations. These arrangements allow property to pass directly to beneficiaries without court involvement.
What happens if someone dies without a will in Michigan?
When there’s no valid will, the estate is distributed under Michigan’s intestate succession laws. Typically, the spouse and children inherit first, followed by parents and siblings. The court appoints a personal representative to manage the process, even if there’s no written estate plan.
Who pays for probate costs in Michigan?
Probate fees, including court costs, publication expenses, and attorney fees, are generally paid from the estate before assets are distributed to beneficiaries. A well-prepared estate plan can help reduce these costs and simplify administration for surviving family members.