1 Overview — what makes Michigan probate different
Michigan probate is governed by the Estates and Protected Individuals Code (EPIC), codified at MCL 700.1101 through 700.8206. Michigan adopted EPIC in 2000, modeled closely on the Uniform Probate Code — making it one of the most modern probate frameworks in the country, and one of the few states where most estates never involve a judge at all.
Four features define Michigan probate uniquely. First, the two-axis track system: informal vs formal (how the proceeding is opened) combined independently with unsupervised vs supervised (how it's managed). Most Michigan estates run on the informal + unsupervised track — the fastest, cheapest, least court-involved path available in any state in this guide series. Second, Michigan has no transfer-on-death deed for real estate — a gap that means real property either goes through probate or needs a living trust, unlike Ohio, California, or many other states. Third, Michigan's triple spousal allowances — homestead allowance, family allowance, and exempt property — are all indexed annually for inflation and add up to a meaningful floor of family protection. Fourth, Michigan's 28-day spousal notice requirement — the personal representative must serve the surviving spouse with notice of their election and allowance rights within 28 days of appointment, making this one of the most proactive spousal notification systems in the country.
Michigan probate at a glance
| Topic | Michigan rule | Authority |
|---|---|---|
| Governing law | Estates and Protected Individuals Code (EPIC) | MCL 700.1101–700.8206 |
| Default track | Informal + unsupervised — probate register, no judge, no hearing | MCL 700.3301 et seq. |
| Small estate — Petition for Assignment | Gross estate ≤ ~$25,000 (after funeral/burial and liens; adjusts annually) | MCL 700.3982 |
| Small estate — Affidavit of Successor | Same threshold; no court filing; personal property only | MCL 700.3983 |
| Creditor publication period | 4 months from date of publication | MCL 700.3801 |
| Inventory deadline | 91 days from appointment | MCL 700.3706 |
| Notice to surviving spouse | Within 28 days of appointment — election rights + allowances | MCL 700.3705; PC 581 |
| Spousal elective share | ½ of augmented estate (if married ≥ 2 years); scales with length of marriage | MCL 700.2202 |
| Homestead allowance | ~$25,000 (base $15,000, adjusted annually under MCL 700.1210) | MCL 700.2402 |
| Family allowance | Reasonable amount for spouse and minor/dependent children | MCL 700.2403 |
| Exempt property | ~$16,000 (base $10,000, adjusted) — household goods, vehicles, personal effects | MCL 700.2404 |
| Transfer-on-death deed | Not available in Michigan — real estate must go through probate or trust | — |
| Holographic wills | Valid in Michigan — must be entirely in testator's handwriting + signed | MCL 700.2502 |
| State estate tax | None | — |
| State inheritance tax | None | — |
| E-filing | MiFILE system — available in most Michigan counties | Michigan Courts e-filing |
2 Michigan's four-quadrant track system under EPIC
Michigan's EPIC creates a two-dimensional matrix for estate administration rather than a simple choice between "simplified" and "full" probate. The informal/formal axis determines how proceedings are opened — whether a probate register acts administratively or a judge conducts a hearing. The unsupervised/supervised axis determines how administration is conducted — whether the personal representative acts independently or requires court approval for significant actions. These two axes combine into four tracks.
Michigan's EPIC administration matrix
MCL 700.3301–700.3311 (informal) · MCL 700.3401–3414 (formal) · MCL 700.3501 (supervised)
Probate register acts; no judge; no hearing
Judge hears petition; binding court order
3 Small estates — Petition for Assignment & Affidavit of Successor
Michigan provides two simplified paths for small estates, both governed by a threshold that adjusts annually for inflation under MCL 700.1210. For 2026, the threshold is approximately $25,000 in gross estate value after deducting funeral and burial expenses and liens on real property. This is lower than Illinois's $150,000 threshold (SB83) and Pennsylvania's $50,000, but it's a clean, straightforward process for qualifying estates.
| Procedure | How it works | Real estate? | Timeline |
|---|---|---|---|
| Petition for Assignment (PC 556) MCL 700.3982 | File petition with Probate Court. Judge reviews and issues an Order for Assignment directing how assets are distributed. No personal representative appointed. Will provisions are not followed — distribution is per intestate succession priority. | Can include real estate | Weeks to a few months |
| Affidavit of Decedent's Successor (PC 598) MCL 700.3983 | No court filing needed. Successor prepares and signs affidavit before a notary. Present to financial institutions and asset holders directly — no court involvement. Available 28 days after death. Notarized affidavit is the only required document. | Personal property only | Days to weeks |
4 Michigan's triple spousal protections — all inflation-adjusted
Michigan provides three separate financial protections for the surviving spouse (and in some cases dependent children) that operate independently of the will's contents. All three are indexed for inflation annually under MCL 700.1210. All three are available in addition to whatever the surviving spouse receives under the will, intestate succession, or elective share — they stack, not substitute. The personal representative must serve notice of these rights on the surviving spouse within 28 days of appointment (Form PC 581).
Michigan's three spousal/family allowances — all stacked, all inflation-adjusted
MCL 700.2402–700.2404 · Annual adjustment per MCL 700.1210 · In addition to will or intestate share
The elective share — a fourth spousal protection
Beyond the three allowances, Michigan's elective share under MCL 700.2202 allows a surviving spouse to elect against the will and claim a portion of the augmented estate (which includes certain non-probate transfers). The elective share amount scales with the length of marriage: spouses married less than 1 year receive 3% of the augmented estate; married 2 or more years receive up to 50%. This sliding scale is designed to protect long-term spouses from disinheritance while recognizing shorter marriages differently. The election must be made within 63 days of the inventory's filing or within 63 days of the appointment of a personal representative, whichever is later.
5 Informal unsupervised administration — step by step
For the vast majority of Michigan estates — uncontested will, no disputes about heir identities, cooperative beneficiaries — the informal unsupervised track is the right path. The personal representative receives a Statement of Authority (Form PC 572) from the probate register and then acts independently through estate closing. The 4-month creditor period from publication (MCL 700.3801) and the 91-day inventory deadline (MCL 700.3706) are the key timing requirements.
- 1
Assess estate — does it qualify for small estate procedures? Before filing anything
Calculate the gross estate value minus funeral/burial expenses and liens on real property. If ≤ ~$25,000 (the 2026 adjusted amount), consider the Petition for Assignment (with court) or Affidavit of Successor (no court) — these are dramatically faster and cheaper than any probate track. Only proceed to informal probate if the estate exceeds the small estate threshold or if following the will's specific provisions is required.
- 2
File Application for Informal Probate (PC 558/PC 562) File with probate register — no judge
File with the Probate Court in the county where the decedent was domiciled. The probate register (not a judge) reviews the application. If the will appears valid and no outstanding issues exist, the register issues a Statement of Informal Probate (admitting the will) and a Statement of Authority (Form PC 572 — the Michigan equivalent of Letters Testamentary). This typically happens within days of filing, with no hearing required. Filing fees vary by county; most are modest ($150–$300 range for full administration).
PC 558 (Application for Informal Probate)Original willCertified death certificateFiling fee: county-specific - 3
Send notice to all interested persons — and to spouse within 28 days 28-day spousal notice deadline
Within a reasonable time after appointment, serve Notice of Appointment and Duties of Personal Representative (Form PC 573) on all interested parties — beneficiaries, heirs, and creditors known to the personal representative. Separately and critically: serve the surviving spouse with Form PC 581 (Notice to Spouse of Rights of Election, Allowances and Exempt Property) within 28 days of appointment. This notice informs the spouse of all three allowance rights and the elective share right. Missing this deadline exposes the personal representative to personal liability.
PC 573 (Notice of Appointment) — all interested partiesPC 581 (Notice to Spouse) — within 28 days - 4
Publish Notice to Creditors — start the 4-month clock 4-month creditor period
Publish a Notice to Creditors once a week for three consecutive weeks in a newspaper of general circulation in the county where the estate is being administered. Under MCL 700.3801, creditors have 4 months from the date of publication to present their claims or be forever barred. Also send written notice to all known creditors within 4 months of publication. The personal representative is not required to wait for the 4-month period before taking other actions (like selling property) but cannot make final distributions until it expires.
Notice to Creditors (3-week publication)Individual written notice to known creditors - 5
File Inventory within 91 days 91-day hard deadline
Within 91 days of appointment (MCL 700.3706), file a complete inventory of all estate assets with the Probate Court — listing all probate assets and their fair market values as of the date of death. Michigan does not require a court-appointed appraiser; the personal representative values assets using professional appraisals for real property and complex assets as needed. The inventory is served on interested parties (surviving spouse and all beneficiaries), who may object to valuations. At 91 days, this is a tighter deadline than Ohio's 3 months or Pennsylvania's 9 months.
Inventory (with asset values)Served on all interested partiesDeadline: 91 days from appointment - 6
Administer estate independently — pay debts, manage assets, file taxes
Under informal unsupervised administration, the personal representative has broad independent authority to manage estate assets — sell real and personal property, manage investments, collect debts owed to the estate, pay valid creditor claims in statutory priority order, pay ongoing expenses (property taxes, insurance, utilities), and file tax returns — all without obtaining court approval. This independence is the central feature of EPIC and distinguishes Michigan from more court-intensive states. File the decedent's final Michigan income tax return (Form MI-1040) and federal return. Michigan has no estate tax return to file.
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Distribute assets to beneficiaries
After the 4-month creditor period expires and all valid claims are paid, distribute remaining assets per the will or Michigan intestate succession laws (MCL 700.2101 et seq.). For real property, record a Personal Representative's Deed in the county where the property is located. Obtain receipts from beneficiaries acknowledging their distributions.
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Close estate with Sworn Closing Statement After 12 months from appointment
For informal administration, close the estate by filing a Sworn Closing Statement (Form PC 584) with the Probate Court — but not until at least 12 months after appointment. The statement certifies that all duties have been completed: creditors paid, taxes filed, assets distributed, and receipts obtained. No court hearing is required — the personal representative simply files the statement and the estate is closed administratively. This is the final step of the fastest and most common Michigan probate track.
PC 584 (Sworn Closing Statement)Available only after 12 months from appointment
6 Timeline & costs
| Track / Scenario | Timeline | Key driver |
|---|---|---|
| Affidavit of Successor (estate ≤ ~$25K, personal property) | Days to weeks | 28-day wait after death; no court filing |
| Petition for Assignment (estate ≤ ~$25K) | Weeks to 2 months | Court processing; no creditor period required |
| Informal unsupervised — simple estate, no disputes | 9–14 months | 4-month creditor period + 12-month minimum before closing |
| Informal unsupervised — Wayne/Oakland/Kent Counties | 10–16 months | Higher filing volume; longer court scheduling |
| Formal unsupervised — will validity dispute resolved | 10–16 months | Formal hearing adds 4–8 weeks at opening |
| Supervised administration | 14–24+ months | Court approval for each significant action |
| Contested will or heir disputes | 2–5+ years | Formal court proceedings and potential trial |
Personal representative compensation
Michigan law under MCL 700.3719 entitles the personal representative to reasonable compensation for their services. Unlike Ohio's tiered percentage schedule (ORC §2113.35) or Georgia's 2.5%+2.5% formula, Michigan does not set a specific statutory percentage. In practice, Michigan probate courts often look to a range of 2%–4% of the gross estate as a starting point for "reasonable" compensation, with adjustments for complexity, time invested, and extraordinary services. The personal representative may also waive their fee, which is common when they are also a primary beneficiary (since fees are taxable income, while inheritance is not).
Attorney fees in Michigan probate are also "reasonable" — there is no statutory schedule. Most Michigan estate attorneys charge hourly ($200–$450/hour in metropolitan areas; $150–$300 in rural areas) or a flat fee for straightforward estates. Total attorney fees for a typical informal unsupervised administration of a $400,000 estate typically range from $3,500–$8,000.
7 Real estate — the TOD deed gap & how Michigan families work around it
Michigan has no transfer-on-death deed for real estate
This is one of the most practically important Michigan estate planning facts. Ohio (ORC §5302.22), California, and many other states allow property owners to record a transfer-on-death deed that passes real property to a named beneficiary at death — bypassing probate entirely. Michigan does not have this tool.
Without a TOD deed option, Michigan homeowners who want to keep real property out of probate have two main strategies: (1) Joint tenancy with right of survivorship — adds a spouse or other co-owner to the title; the survivor takes automatically at death. (2) Revocable living trust — transfer property into the trust during lifetime; the successor trustee distributes at death without probate. Trusts are the primary probate-avoidance tool for real estate in Michigan.
Importantly: transferring Michigan real estate into a revocable living trust does not trigger property tax reassessment under Michigan's Proposal A (MCL 211.27a). This makes trusts particularly attractive for Michigan homeowners whose low assessed value would otherwise be disrupted by a transfer to a child or other heir at death.
Selling probate real estate in Michigan
Michigan personal representatives have broad authority to sell estate real property under informal unsupervised administration without court approval — unless the will specifically restricts or requires court approval. The personal representative signs all closing documents in their fiduciary capacity ("Jane Smith, Personal Representative of the Estate of John Smith, Deceased"), presents the Statement of Authority (Form PC 572) to the title company, and closes as in a standard real estate transaction. Michigan title companies regularly handle estate sales.
The stepped-up cost basis rule (IRC §1014) applies to Michigan real estate inherited through probate — heirs' basis resets to fair market value at the date of death. Michigan income tax (4.05% flat rate) applies only to gains above that stepped-up basis, so heirs who sell promptly after inheriting typically owe little or no Michigan income tax on the sale.
8 Michigan's major Probate Courts
Michigan has 83 counties, each with an elected probate judge. All use the same statewide EPIC forms (PC 558, PC 572, PC 573, etc.) but filing fees, processing times, and local procedures vary. Michigan's probate courts are known for being relatively accessible and using MiFILE for electronic filing in most counties.
| County | Seat / Notes | Volume / Timeline |
|---|---|---|
| Wayne County | Detroit · Coleman A. Young Municipal Center, 2 Woodward Ave · Probate Division of the 3rd Circuit Court | Highest volume in MI · 12–18 months typical for full admin · MiFILE mandatory |
| Oakland County | Pontiac · 1200 N. Telegraph Rd · Probate Court of Oakland County | High volume · 10–14 months · One of the most organized MI probate courts |
| Kent County | Grand Rapids · 180 Ottawa Ave NW · Extensive online resources for self-represented filers | Moderate volume · 9–13 months · Detailed online guides for executors |
| Macomb County | Mount Clemens · Third-most-populous MI county · Northeast of Detroit | High volume · 10–14 months |
| Washtenaw County | Ann Arbor · Moderate volume; university town demographics affect estate complexity | 9–12 months typical |
| Ingham County | Lansing · State capital; significant government-employee estate volume | 9–12 months typical |
| Rural/UP counties | Varies · Michigan's Upper Peninsula counties are small and process estates quickly | Often 8–11 months · Faster than metro courts |
9 Key Michigan probate forms — the PC series
Michigan uses a standardized set of Probate Court forms numbered with the "PC" prefix, used uniformly across all 83 counties. Forms are available at every county Probate Court and through the Michigan Courts website. Most counties accept forms filed through MiFILE (Michigan's e-filing system); original wills must be physically deposited with the court.
Opens informal probate — processed by the probate register, no judge, no hearing. Triggers issuance of the Statement of Informal Probate and Statement of Authority. Used for the vast majority of Michigan estates. Filed with the county Probate Court along with the original will and certified death certificate.
Issued by the probate register confirming the personal representative's appointment and authority. Michigan's equivalent of Letters Testamentary. Presented to banks, brokerages, title companies, and government agencies. Order multiple certified copies. Allows independent action without court approval.
Sent to all interested persons (beneficiaries, heirs, known creditors) after appointment. Notifies them of the personal representative's appointment and their right to petition for supervised administration. Required step in informal administration — must be sent promptly after receiving PC 572.
Served on the surviving spouse within 28 days of appointment. Informs the spouse of all three allowances (homestead, family, exempt property) and the elective share right. Missing this deadline exposes the personal representative to personal liability. One of Michigan's most important and frequently overlooked obligations.
Filed with the Probate Court for small estates (gross value ≤ ~$25K after funeral/burial and liens). Judge issues an Order for Assignment distributing assets per MCL 700.3982 priority — not per the will's terms. No personal representative appointed. Faster and cheaper than any probate track but doesn't follow will provisions.
The simplest Michigan estate procedure — no court filing needed. Notarized affidavit presented directly to banks and asset holders. Available 28 days after death. Personal property only (not real estate). Estate must not exceed the small estate threshold (~$25K after deductions). Fastest possible resolution.
Filed to close an informal unsupervised estate. The personal representative certifies that all duties have been completed — creditors paid, taxes filed, assets distributed, receipts obtained. Can only be filed after 12 months from appointment. No court hearing required — administrative closing by statement. The final step for most Michigan estates.
Used to close formal or supervised administration — requires a court hearing, formal accounting, and judicial order. More expensive and time-consuming than the Sworn Closing Statement (PC 584) but required when supervised administration was ordered or when formal adjudication is needed at closing.
10 Michigan Probate Courts — all 83 counties
Michigan has 83 counties, each with an elected Probate Judge who handles estate administration, guardianships, and conservatorships. All use the same statewide PC-series forms. Probate is filed in the county where the decedent was domiciled at death. Filing fees, processing times, and MiFILE availability vary by county. Select your county for courthouse address, filing information, and local procedures.
Showing all 83 Michigan counties