When Is Probate Required in Michigan?
In Michigan, estates with personal property of $53,000MCL 700.3983Verified Sep 8, 2026View source or less skip probate with the Affidavit of Decedent's SuccessorMCL 700.3983Verified Sep 8, 2026View source, 28 daysMCL 700.3983Verified Sep 8, 2026View source after death.
Michigan allows estates with personal property of $53,000MCL 700.3983Verified Sep 8, 2026View source or less to use the Affidavit of Decedent's SuccessorMCL 700.3983Verified Sep 8, 2026View source, which avoids full probate administration. The Affidavit of Decedent's Successor is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 28 daysMCL 700.3983Verified Sep 8, 2026View source after death.
Real property cannot be transferred through this procedure in Michigan — an estate that includes real estate uses a separate process. Real estate held in a trust, or otherwise titled to pass outside the probate estate, transfers without probate. The Michigan trust vs. will comparison sets the two routes side by side.
In Michigan, the assets that pass outside probate are property held in a living trust, accounts with a named beneficiary (retirement accounts, life insurance, payable-on-death bank accounts), and property owned jointly with right of survivorship. Everything the decedent owned alone, with no beneficiary named, is the probate estate.
In Michigan, a simple estate typically takes 5 months to 7 months through probate, and an average estate 7 months to 12 months. An estate with a dispute, real estate in another state or an unusual asset runs longer. The creditor claim period of 4 monthsMCL 700.3803Verified Sep 8, 2026View source sets the floor: final distribution waits for it to run.
The common ways to avoid probate in Michigan are a funded revocable living trust, beneficiary designations on accounts, and titling property as joint tenants with right of survivorship. A trust covers every asset titled to it in one document; the other routes work asset by asset.
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Death of a Parent
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Named as Executor
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Learn moreForms for Settling an Estate in Michigan
Free forms for settling an estate in Michigan: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
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 Settling an Estate in Michigan
Free tools for settling an estate in Michigan: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Michigan, 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; the first copy costs $34Michigan Department of Health and Human Services - Division for Vital Records and Health StatisticsVerified Oct 15, 2026View source, additional copies $16Michigan Department of Health and Human Services - Division for Vital Records and Health StatisticsVerified Oct 15, 2026View source each.
Do I Have to File Tax Returns for Someone Who Died?
Michigan requires a final state income tax return for the decedent alongside the federal Form 1040MCL 206.51Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Michigan: the personal representative files the estate inventory within 91 daysMCL 700.3706, 700.3707, 700.3708Verified Sep 15, 2026View source of appointment; creditors have 4 monthsMCL 700.3801, 700.3803, 700.3804, 700.3805, 700.3806; MCR 5.208, MCR 5.106Verified Oct 18, 2026View source to present claims; a simple estate closes in 5 months to 7 months.
What Do I Do When Someone Dies?
After a death in Michigan, the estate either qualifies for the simplified procedure for estates under $53,000MCL 700.3983Verified Sep 8, 2026View source or goes through probate, where creditors have 4 monthsMCL 700.3803Verified Sep 8, 2026View source to file claims after notice.
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.
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Michigan Estate Settlement Resources
In-depth guides covering Michigan probate, estate administration, and settling an estate.