Michigan Probate Laws
Created by FindLaw's team of legal writers and editors | Last reviewed May 30, 2019
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Definition of Probate
The word “probate” is commonly used to refer to the legal process that happens after a person (the"decedent") dies, regardless of whether the person died with a valid will or without a valid will. If a decedent dies with a will, then their property is distributed according to the will. If a person dies without a will, then Michigan probate laws dictate how the decedent's assets are distributed.
The Probate Process in Michigan
There are four main steps involved for the probate court:
- Appointing a Personal Representative;
- Assembling all the decedents assets;
- Paying the bills (funeral expenses, creditors, taxes, and general administration expenses);
- Distributing any assets that are left over.
Types of Estate Administration
The process of administering the estate will vary depending on whether or not the decedent had a valid will and the type of probate administration the decedents estate will have to go through.In Michigan, if a decedent's estate is small enough, Michigan law allows the estate to be probated using an expedited process (summary administration) that does not require the appointment of a personal representative.
See Probate Court, State Probate Courts, Avoiding Probate, and Estate Taxes for more information.
| Code Section | MCL Chapter 700: Estates and Protected Individuals Code |
| Types of Probate Administration | Small Estate: (Summary Administration) 1. Fill out a petition (PDF) and pay the filing fee. 2. The estate must meet certain asset guidelines, i.e. be under $22,000. Formal Administration (2 Types) - if estate is worth more than $22,000 1. Supervised Administration: requires the court to review and approve the actions of the personal representative. |
| What Assets Go Through Probate? | Probate is only necessary when a person dies leaving property in his or her own name (such as a house titled only in the name of the Examples: bank accounts in the decedents name with no co-owner and no beneficiary designation; real estate that is owned by the decedent individually; real estate that is co-owned as tenants in common; stocks and bonds in the decedent's name, tangible possessions such as clothing, jewelry, household furniture, and cars registered in the decedent's name only. |
| What Assets Skip Probate Entirely | Property in a revocable trust, real estate owned as joint tenants with a right of survivorship, life insurance policies and retirement accounts with a designated beneficiary, bank accounts with payable upon death (POD) or transfer on death (TOD) clause, cash up to $500, motor vehicles (if the value of the vehicle doesn't exceed $60,000 and there are no probate proceedings), watercrafts (if the value doesn't exceed $100,000 and there are no probate proceedings), income tax refunds, and personal property not exceeding $15,000. |
| Who Supervises and Decides Probate Cases? | Michigan Probate Courts |
| Estate Taxes | Michigan does not have a separate estate tax. The law changed as of January 1, 2005. |
| List of Forms | Probate forms from the Michigan Courts website |
Need More Information About Michigan Probate Laws? Get in Touch with an Attorney Today
Michigan probate laws can be tricky. If you're trying to make sure that your hard-earned estate is distributed according to your wishes, it's important to speak with a professional. Consider contacting a local Michigan probate or estate administration attorney who can help you better understand the current Michigan laws.
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