Michigan Statewide Probate Guide
Settling an estate after losing someone is difficult. This guide covers what’s consistent across all of Michigan – thresholds, deadlines, and costs. For your specific county’s Probate Court address and local filing details, see that county’s page.
Where Probate Happens
Michigan probate is handled by the Probate Court in the county where the deceased lived – all 83 counties have one. Michigan probate is governed by the Estates and Protected Individuals Code (EPIC), and the small estate threshold adjusts annually for inflation under MCL 700.1210, so the dollar figures below change slightly every year – always confirm the current year’s number with the county probate court or Michigan Legal Help.
Step 1: Does The Estate Qualify For A Small Estate Option?
Michigan offers two separate small-estate paths depending on whether real property is involved.
Small Estate Affidavit / Affidavit of Decedent’s Successor (MCL 700.3983, Form PC 598) – no court involvement
- The estate must include NO real property.
- Total estate value, less liens and encumbrances, must not exceed the annually adjusted threshold – approximately $53,000 for deaths in 2026 (up from $50,000 in 2024; confirm the exact current-year figure).
- At least 28 days must have passed since the death.
- No personal representative can be appointed, and no application or petition for one can be pending, in any jurisdiction.
- Not filed with the court – the affidavit is presented directly to the institution holding the property.
- For vehicles specifically, Michigan allows an expedited process (Form TR-29, Certification from the Heir to a Vehicle) even when the estate’s total value runs higher, up to around $60,000 in some cases – a separate, more generous vehicle-only allowance.
Petition for Assignment (MCL 700.3982, Form PC 556) – a court process, but simplified
- Can include real property, unlike the affidavit route.
- The estate’s total value, after subtracting unpaid funeral and burial expenses (and, for real property, liens up to a maximum allowable deduction that also adjusts annually – around $264,000 for 2026), must not exceed the same small estate threshold.
- Filed with the Probate Court; no personal representative is appointed and the terms of any will are not carried out – the court instead issues an order assigning the property, first to reimburse funeral/burial expenses, then to the surviving spouse or, if none, to the heirs under Michigan’s intestacy law.
- No court hearing is held.
STEP 2: FORMAL PROBATE (for estates over the threshold or requiring more complex administration)
- File with the Probate Court in the relevant county.
- Informal, unsupervised probate is the standard path for the vast majority of Michigan estates – uncontested will, no heir disputes, cooperative beneficiaries. The personal representative receives a Statement of Authority (Form PC 572) from the probate register and then acts independently through closing.
- The 91-day inventory deadline (MCL 700.3706) and the 4-month creditor claim period from publication (MCL 700.3801) are the key timing requirements.
- Formal, supervised probate is used when there’s a dispute or the will’s terms specifically require closer court oversight.
Timeline
Small estate procedures can move in days to a few weeks once the 28-day wait passes. Informal, unsupervised probate is by far the most common track and typically takes several months, driven mainly by the 4-month creditor period.
Taxes
Michigan has no state estate tax or inheritance tax. Only the federal estate tax could apply, and only to very large estates – the federal exemption is $15 million per individual for 2026.
Where This Guide Fits
This page covers what’s consistent statewide. For your specific county’s Probate Court address, phone number, and local filing details, visit that county’s page.