How does probate start in Michigan?

In the probate court of the county, which has exclusive jurisdiction of the settlement of a decedent's estate (MCL 700.1302); a personal representative is appointed in the order of priority the statute sets — first the person the probated will names (MCL 700.3203).

Is there a simpler process for small Michigan estates?

Yes. Once the funeral and burial expenses are paid, the court may order an estate worth $50,000 or less, adjusted for the year of death ($53,000 in 2026), turned over to the surviving spouse or heirs (MCL 700.3982); and 28 days after a death a successor may collect personal property by sworn statement where the estate has no real property (MCL 700.3983).

Michigan Probate, Explained

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What is probate?

Probate is the court process that settles a deceased person's estate — admitting any will, appointing a personal representative, paying valid debts and expenses, and distributing what remains to the heirs or devisees. In Michigan the county probate court has exclusive jurisdiction of the settlement of a decedent's estate (MCL 700.1302), and a personal representative is appointed, in formal or informal proceedings, in the order of priority the statute sets (MCL 700.3203). Assets that pass another way (a funded Trust, beneficiary designations, jointly held property) generally skip probate.

The main types of Michigan probate

Appointing a personal representative

The person a probated will names has first priority, then a surviving spouse who is a devisee, other devisees, the surviving spouse and other heirs, and later the others the statute lists, in that order (MCL 700.3203). On appointment the personal representative publishes a notice to creditors and sends it to known creditors and to the trustee of the decedent's revocable trust (MCL 700.3801).

The probate court

The county probate court hears matters concerning a decedent's estate — the internal affairs, the administration and distribution, the construction of a will, the determination of heirs — and proceedings concerning a trust (MCL 700.1302); a trust itself is administered without court supervision unless someone invokes the court's jurisdiction (MCL 700.7201).

Small estates

Once the funeral and burial expenses are paid, an estate whose remaining property is worth $50,000 or less, adjusted for the year of death ($53,000 in 2026), may be turned over by court order to the surviving spouse or, if none, the heirs (MCL 700.3982); and 28 days after a death, a successor may collect the decedent's personal property by sworn statement where the estate has no real property and is worth no more than that amount (MCL 700.3983).

What happens in a Michigan probate

Open the estate in the county probate court and have a personal representative appointed in the order of priority the statute sets (MCL 700.3203).
On appointment, publish a notice to creditors requiring claims within 4 months after publication, and send it to each known creditor and to the trustee of the decedent's revocable trust (MCL 700.3801).
Within 91 days after appointment, prepare an inventory of the decedent's property at its date-of-death values, and send a copy to the presumptive distributees and to interested persons who ask (MCL 700.3706).
Pay valid claims, taxes and administration expenses; the notice to creditors requires claims to be presented within 4 months after its publication or be forever barred (MCL 700.3801).
Distribute what remains and close the estate once the claims, the family's allowances and any spouse's election are settled (MCL 700.2402, 700.2202).

Can you avoid probate in Michigan?

Often, in part — a funded revocable living Trust, beneficiary or pay-on-death designations, and property held jointly with a right of survivorship generally pass outside probate. What works depends on how each asset is titled. This page is general information, not legal advice; a free role check can show you where you stand, and a Michigan attorney can advise on your estate.

General information about Michigan law, not legal advice.

Frequently asked questions

How does probate start in Michigan?: In the probate court of the county, which has exclusive jurisdiction of the settlement of a decedent's estate (MCL 700.1302); a personal representative is appointed in the order of priority the statute sets — first the person the probated will names (MCL 700.3203).
What does a Michigan personal representative do first?: On appointment, publishes a notice to creditors requiring claims within 4 months and sends it to known creditors and to the trustee of the decedent's revocable trust (MCL 700.3801), and within 91 days prepares the inventory (MCL 700.3706).
Is there a simpler process for small Michigan estates?: Yes. Once the funeral and burial expenses are paid, the court may order an estate worth $50,000 or less, adjusted for the year of death ($53,000 in 2026), turned over to the surviving spouse or heirs (MCL 700.3982); and 28 days after a death a successor may collect personal property by sworn statement where the estate has no real property (MCL 700.3983).

General information about Michigan law, not legal advice.