How Probate Works in Michigan

Does Michigan require probate?

Not always. Michigan's adoption of the Uniform Probate Code gives families several paths to settle an estate with reduced court involvement.

Estates under $51,000 (for 2025) can use simplified transfer procedures. Larger estates can often use informal probate, which is faster and requires less court oversight than traditional probate.

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What court handles probate in Michigan?

Probate in Michigan is handled by the Probate Court in the county where the deceased person lived. If the deceased did not live in Michigan but owned property there, the case is filed in the county where the property is located.

Michigan's Probate Courts handle estate administration, will validation, trust matters, guardianships, and conservatorships.

There is no statutory deadline to file for probate in Michigan.

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Small estate threshold

Michigan's small estate threshold for 2025 is $51,000, adjusted annually for cost-of-living changes (per EPIC § 700.3982).

This threshold has increased in recent years through legislative updates aimed at reducing the burden on families with modest estates.

Two simplified options are available for qualifying estates:

Small estate affidavit

For estates that do not include real property and are valued at $51,000 or less:

• Wait at least 28 days after the death.
• Complete and notarize an Affidavit of Decedent's Successor (Michigan form PC 598).
• Present the affidavit to banks, brokerages, or other institutions to claim assets.
• No court filing is required.

Petition for assignment

For estates where the balance (after funeral and burial expenses) is below $51,000:

• File a Petition for Assignment (form PC 556) with the Probate Court.
• The court reviews and approves the property distribution.
• This option is available even when the estate includes some real property, subject to certain deductions for liens and encumbrances (which cannot exceed $257,000 for 2025).

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Informal probate

Informal probate is one of the key benefits of Michigan's adoption of the Uniform Probate Code. It is a streamlined process for straightforward, uncontested estates.

Key features:

• Handled by a probate register rather than a judge, which means less formal proceedings and faster processing.
• The personal representative files an application (Michigan form PC 558) rather than a petition, and the appointment can happen without a hearing.
• The personal representative manages the estate largely independently: inventorying assets, paying the inventory fee, notifying creditors, settling debts and taxes, and distributing remaining assets.
• The process avoids the expense and delay of formal court hearings for routine matters.

Informal probate works well for estates with a clear will, cooperative heirs, and no disputes.

If issues arise (contested will, disagreements among heirs, creditor disputes), the case can be converted to formal probate with full court oversight.

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What if there is no will?

When someone dies without a will in Michigan, the estate follows intestate succession rules under EPIC:

• Spouse, no descendants or parents. The surviving spouse inherits everything.
• Spouse and descendants (all shared). The surviving spouse receives the first $150,000 (adjusted for inflation) plus one-half of the remaining estate. Descendants inherit the rest.
• Spouse and descendants from a prior relationship. The surviving spouse receives the first $150,000 (adjusted) plus one-half of the remaining estate. Descendants inherit the rest.
• Spouse and surviving parent(s), but no descendants. The surviving spouse receives the first $150,000 (adjusted) plus three-quarters of the remaining estate. The parent(s) inherit the rest.
• Descendants, no spouse. The descendants inherit everything equally.
• Parents (no spouse or descendants). The parents inherit everything.

For a broader overview, see our guide on handling an estate without a will.

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What makes Michigan different?

Uniform Probate Code state

Michigan is one of roughly 18 states that have adopted the Uniform Probate Code (in Michigan's case, as EPIC). This means the probate process is generally more flexible, with options like informal probate that reduce court involvement.

The UPC framework also means Michigan's procedures are more predictable and standardized than states with older, patchwork probate statutes.

Annually adjusted thresholds

Michigan is one of the few states that adjusts its small estate threshold annually for cost of living. The 2025 figure of $51,000 may be higher than what some online sources show if they have not been updated.

Always verify the current year's threshold.

No state estate or inheritance tax

Michigan has no state estate tax and no state inheritance tax. Only the federal estate tax applies, and only to estates exceeding approximately $13.99 million in 2025.

For a general overview of the probate process, see our guide on how probate works. If you need to order death certificates, see our guide on how to get death certificates in Michigan.

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