Michigan Inheritance: Plan an Estate or Settle One

Michigan has adopted the Uniform Probate Code, has enacted the Uniform Trust CodeMCL 700.7101 et seq.Verified Oct 17, 2026View source, and has adopted the Uniform Power of Attorney ActMCL § 556.201-556.505 (Act 187 of 2023, eff. 7/1/2024; repealed former MCL 700.5501-5505 EPIC durable POA provisions)Verified Sep 18, 2026View source.

Probate of a simple estate in Michigan runs 5 months to 7 months; an average estate takes 7 months to 12 months. The court filing fee is $175MCL §§ 600.880(1), 600.1986(1)(a)Verified Sep 8, 2026View source; attorney fees are reasonable compensationMCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source; executor compensation typically runs 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate. On a $500,000 estate the estimated total comes to $25,430MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source. Informal, unsupervised probate is availableMCL 700.3302Verified Sep 8, 2026View source for uncontested estates.

Certified death certificates come from the Michigan Department of Health and Human Services - Division for Vital Records and Health StatisticsMichigan Department of Health and Human Services - Division for Vital Records and Health StatisticsVerified Oct 15, 2026View source at $34Michigan Department of Health and Human Services - Division for Vital Records and Health StatisticsVerified Oct 15, 2026View source a copy, $16Michigan Department of Health and Human Services - Division for Vital Records and Health StatisticsVerified Oct 15, 2026View source for each additional copy ordered with it. Processing time: 10-12 weeksMichigan Department of Health and Human Services - Division for Vital Records and Health StatisticsVerified Oct 15, 2026View source. Once appointed, the personal representative files the estate inventory within 91 daysMCL 700.3706, 700.3707, 700.3708Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 1MCL 700.3801, 700.3803, 700.3804, 700.3805, 700.3806; MCR 5.208, MCR 5.106Verified Oct 18, 2026View source week.

A surviving spouse left out of the will can elect to take a statutory share insteadMCL 700.2102, 700.2202, 700.2203, 700.2205Verified Sep 15, 2026View source. The family allowance during administration is capped at $36,000MCL 700.2402, 700.2403, 700.2405(2); MCL 700.1210 (COLA); MI Treasury EPIC COLA Notice signed 01/30/2026Verified Sep 15, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 18 yearsMCL 554.521 et seq., MCL 554.546, MCL 554.547Verified Sep 15, 2026View source of age. Michigan taxes incomeMCL 206.51Verified Sep 20, 2026View source at a flat 4.25%MCL 206.51Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: ordinary income tax at the state's regular ratesMCL § 206.51 (statutory base 4.25% with annual revenue-trigger reduction formula)Verified Sep 15, 2026View source.