What is the small estate threshold in Michigan?

Michigan allows a Affidavit of Decedent's Successor for estates with personal property valued at $53,000 or less (MCL 700.3982, 700.3983 (small estate; base $50K set by PA 1 of 2024, adjusted by 2023 COLA factor per MCL 700.1210; 2026 adjusted amounts: $53K affidavit/petition threshold per MCL 700.3983 and 700.3982(1)&(2); $264K real-property indebtedness deduction cap per MCL 700.3982(5) — confirmed via Michigan Treasury COLA notice dated 2026-01-30, Table B); MCL 700.3803 (4-mo creditor claims from publication; 3-yr if no publication); MCL 700.3801 (publication duty); MCR 5.208 (publication mechanics); MCL 700.3719 (PR reasonable compensation); MCL 700.3721 (attorney reasonable compensation); MCL 700.3603 (bond not required in informal probate by default); MCL 600.871 (inventory fee schedule — all tiers verified); MCL 600.880 (filing fee: $150 civil action; $25 for MCL 700.3982 petition); MCL 700.3302 (informal probate by the probate register); MCL 700.3704 (unsupervised administration); MCL 700.3501 (supervised admin). Verified 2026-07-14 against legislature.mi.gov and the Michigan Treasury EPIC cost-of-living-adjustment notice signed 2026-01-30 (Tables A and B).). There is a 28-day waiting period after the date of death before this procedure can be used.

How long does probate take in Michigan?

In Michigan, simple estates typically take 5-7 months. Average estates take 7-12 months. Complex estates with disputes or unusual assets can take 12-24 months or longer (MCL 700.3982, 700.3983 (small estate; base $50K set by PA 1 of 2024, adjusted by 2023 COLA factor per MCL 700.1210; 2026 adjusted amounts: $53K affidavit/petition threshold per MCL 700.3983 and 700.3982(1)&(2); $264K real-property indebtedness deduction cap per MCL 700.3982(5) — confirmed via Michigan Treasury COLA notice dated 2026-01-30, Table B); MCL 700.3803 (4-mo creditor claims from publication; 3-yr if no publication); MCL 700.3801 (publication duty); MCR 5.208 (publication mechanics); MCL 700.3719 (PR reasonable compensation); MCL 700.3721 (attorney reasonable compensation); MCL 700.3603 (bond not required in informal probate by default); MCL 600.871 (inventory fee schedule — all tiers verified); MCL 600.880 (filing fee: $150 civil action; $25 for MCL 700.3982 petition); MCL 700.3302 (informal probate by the probate register); MCL 700.3704 (unsupervised administration); MCL 700.3501 (supervised admin). Verified 2026-07-14 against legislature.mi.gov and the Michigan Treasury EPIC cost-of-living-adjustment notice signed 2026-01-30 (Tables A and B).).

When Is Probate Required in Michigan?

Answer a few questions to find out if an estate needs full probate, qualifies for simplified procedures, or can avoid probate entirely.

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Find out if you need probate

Answer a few questions about the estate to see if probate is required or if simplified procedures apply.

Small estates may avoid probate entirely

Trusts pass assets without court involvement

This tool provides general information about probate requirements and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.

Frequently Asked Questions

Michigan allows a Affidavit of Decedent's Successor for estates with personal property valued at $53,000 or less. There is a 28-day waiting period after the date of death before this procedure can be used.

Real estate in Michigan generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or had a transfer-on-death deed recorded (if available in the state). A revocable living trust outlines alternatives to probate for real estate.

In Michigan, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.

In Michigan, simple estates typically take 5-7 months. Average estates take 7-12 months. Complex estates with disputes or unusual assets can take 12-24 months or longer. Estimate total costs with the Michigan probate calculator.

Probate costs in Michigan typically include attorney fees, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $26,017 depending on complexity. Use the Michigan probate cost calculator for a detailed estimate.

The most common ways to avoid probate in Michigan include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.

Probate Requirements in Michigan

Estates under $53,000 in Michigan may qualify for a Affidavit of Decedent's Successor. The 28 days waiting period after death is the main delay before heirs can transfer assets outside of court.

When full probate is required in Michigan, simple estates typically take 5 months to 7 months to close. Complex estates with disputes, tax issues, or out-of-state property can take significantly longer. The probate cost calculator estimates total fees for Michigan estates.

A revocable living trust transfers assets outside the court process. Unlike a will, trust assets in Michigan are distributed privately and without the delays of probate. The Michigan trust vs. will tool compares planning options side by side.