What Are the Burial and Cremation Laws in Michigan?
Michigan allows you to name your own agent in advanceMCL 700.3206(2), MCL 700.3206aVerified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
Burial on private property is permittedMCL 333.2848Verified Oct 17, 2026View source in Michigan. Outside city and village limits, a landowner may lay out up to one acre as a private burial ground for family members and descendants, deeded to trustees and recorded in the county (MCL 128.111, 128.112). The authorization for final disposition must accompany the body, and the person in charge of the burial ground keeps a record of each burial (MCL 333.2848, 333.2850). Municipal and county ordinances on handling a body also apply.
Michigan imposes no statutory minimum waiting periodMCL 333.2848Verified Oct 17, 2026View source before cremation. A medical examiner or coroner authorizes the cremation before it proceeds. The person with the right to control disposition under MCL 700.3206 authorizes the cremation, and the county medical examiner of the county where the death occurred signs the authorization for final disposition (MCL 333.2848(3)).
Michigan sets an order for who controls the disposition of remains: surviving spouse, then surviving adult child, then surviving adult grandchildMCL 700.3206Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceMCL 700.3206(2), MCL 700.3206aVerified Oct 17, 2026View source, and that designation takes priority over the default order. Those wishes can be recorded alongside the rest of an estate plan when you create a revocable living trust.
Embalming is not required by lawMCL 333.2848Verified Oct 17, 2026View source in Michigan. No Michigan law requires embalming for an ordinary death. A body that died of a listed communicable disease, or that is shipped by common carrier and cannot reach its destination within 48 hours of death, must be embalmed by a Michigan-licensed embalmer (R 325.1, R 325.2). A funeral home may not embalm without authorization from a relative or the person entitled to custody unless reasonable efforts to reach them have failed and more than 48 hours have passed since death (MCL 339.1810).
In Michigan, a licensed funeral director is required for the dispositionMCL 700.3206Verified Oct 17, 2026View source. The handling, disposition and disinterment of a body must be supervised by a person licensed in mortuary science (MCL 700.3206(1)). A licensed funeral director certifies the death record and files it within 72 hours (MCL 333.2843(3)), so a family cannot complete a disposition without one.
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Learn moreForms for Planning and Settling an Estate in Michigan
Free Michigan forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In Michigan, the petition asks the Probate Court to appoint the personal representative, whose authority is proved by Letters of Authority for Personal Representative; an informal (registrar) track is availableMCL 700.3302Verified Sep 8, 2026View source.
Notice to Creditors
In Michigan, the notice to creditors is published for 1MCL 700.3801, 700.3803, 700.3804, 700.3805, 700.3806; MCR 5.208, MCR 5.106Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 4 monthsMCL 700.3803Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Michigan, a person named as personal representative may renounce the right to serveMich. Comp. Laws § 700.3203(3)Verified Sep 22, 2026View source before anyone is appointed.
Affidavit of Heirship
In Michigan, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areMCL 565.451a-565.453 (1915 PA 123); MCL 257.236Verified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.
Small Estate Affidavit
In Michigan, the Affidavit of Decedent's SuccessorMCL 700.3983Verified Sep 8, 2026View source covers estates with personal property of $53,000MCL 700.3983Verified Sep 8, 2026View source or less, 28 daysMCL 700.3983Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Michigan, the personal representative files the estate inventory within 91 daysMCL 700.3706, 700.3707, 700.3708Verified Sep 15, 2026View source of appointment.
Estate Closing
In Michigan, the personal representative is discharged automatically once the statutory period runsMCL 700.3954(2), 700.3956, 700.3958Verified Sep 15, 2026View source, and a final accounting is required.
Tools for Planning and Settling an Estate in Michigan
Free calculators and checklists for planning or settling an estate in Michigan: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Michigan costs an estimated $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. Attorney fees run 1.7%MCR 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 to 2.7%MCR 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 of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Michigan, a surviving spouse takes the first $301,000 plus half of the restMCL § 700.2102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationMCL § 700.2106Verified Sep 10, 2026View source.
How Much Are Estate & Inheritance Taxes?
Michigan levies no estate or inheritance taxNo state estate or inheritance tax on a death today. Michigan's estate tax (MCL 205.232) is not repealed — it is a "pick-up" tax equal to the maximum allowable federal credit for state death taxes, and that federal credit was eliminated for deaths after December 31, 2004 (replaced by the 26 U.S.C. § 2058 deduction; the old IRC § 2011 credit was struck from the Code in 2014), so the Michigan tax computes to $0. Michigan's inheritance tax applies only to decedents who died on or before September 30, 1993 (MCL 205.223; Michigan Treasury Inheritance Tax FAQ). Michigan levies no gift tax.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Michigan imposes no inheritance or estate taxNo state estate or inheritance tax on a death today. Michigan's estate tax (MCL 205.232) is not repealed — it is a "pick-up" tax equal to the maximum allowable federal credit for state death taxes, and that federal credit was eliminated for deaths after December 31, 2004 (replaced by the 26 U.S.C. § 2058 deduction; the old IRC § 2011 credit was struck from the Code in 2014), so the Michigan tax computes to $0. Michigan's inheritance tax applies only to decedents who died on or before September 30, 1993 (MCL 205.223; Michigan Treasury Inheritance Tax FAQ). Michigan levies no gift tax.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 5 months to 7 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Michigan take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces 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.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Michigan costs an estimated $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 and takes 5 months to 7 months for a simple estate, with attorney fees of typically 1.7%MCR 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 to 2.7%MCR 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 of the estate. Estates under $53,000MCL 700.3983Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Michigan pays executors reasonable compensationMCL 700.3719 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, typically 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.
Michigan Estate Planning Resources
In-depth guides covering Michigan probate laws, trust requirements, and estate planning strategies.
