Probate in Michigan

Overview

Michigan adopted the Estates and Protected Individuals Code (EPIC) in 2000, based on the Uniform Probate Code, modernizing its probate system. Each of Michigan's 83 counties has a Probate Court that handles estate administration. Michigan significantly increased its small estate thresholds in 2024 through Act 1, and thresholds are adjusted annually for cost of living. The state offers informal probate, formal probate, and supervised administration, with a unique real property lien deduction for small estate calculations.

Key Facts

• Governing Law: Michigan Compiled Laws, Chapter 700 (Estates and Protected Individuals Code — EPIC)
• Court: Probate Court
• Small Estate Threshold: $51,000 (2025, adjusted annually for cost of living)
• Typical Timeline: 6 to 12 months for standard estates; complex estates can take 1–2 years
• Follows UPC: Yes

What Makes Michigan Unique

• EPIC Reforms — Michigan's Estates and Protected Individuals Code, based on the UPC, provides a modern and streamlined probate framework with informal procedures, standardized forms, and multiple levels of court oversight depending on estate needs.
• 2024 Threshold Increase (Act 1) — Michigan significantly increased small estate thresholds from $28,000 to $50,000 in February 2024, with annual cost-of-living adjustments bringing the 2025 threshold to $51,000. This was one of the largest single increases in recent years.
• Real Property Lien Deduction — Michigan's Petition and Order for Assignment allows mortgage liens up to $257,000 (2025) to be deducted from real property value when determining if an estate qualifies as a small estate. This unique feature allows some estates with real property to use simplified procedures.
• Transfer by Affidavit (28-Day Wait) — Personal property estates under $51,000 (2025) can be collected using Form PC 598 after 28 days from death, without any court filing. Michigan's 28-day waiting period is slightly shorter than the 30-day period used in most UPC states.
• Petition and Order for Assignment — Michigan offers a court-supervised small estate process (also at $51,000) that can include real property, providing a middle ground between the affidavit procedure and full probate.

Probate Process Steps

1. File application for informal probate or petition for formal probate with the Probate Court in the county where the decedent resided
2. Court appoints personal representative and issues letters (informal: without hearing; formal: after hearing)
3. Notify known creditors, heirs, and devisees
4. Publish notice to creditors in a newspaper of general circulation
5. Inventory and appraise all estate assets within 91 days of appointment
6. Allow creditor claims period (4 months from publication of notice to creditors)
7. Pay valid debts, taxes, and administration expenses
8. File Michigan inheritance tax waiver if applicable (Michigan repealed its inheritance tax but federal estate tax may apply)
9. Prepare and distribute assets according to the will or intestacy law
10. File closing statement or petition for complete estate settlement with the court

Costs & Fees

Fee Structure: Michigan does not have a statutory percentage-based fee schedule for attorneys. Attorney fees are based on reasonable compensation. The Probate Court charges filing fees set by statute and court rule. Personal representatives are entitled to reasonable compensation, subject to court approval if challenged.

Typical Attorney Fees: Hourly rates typically $200–$400/hour; flat fees of $2,000–$6,000 for simple estates

Non-Lawyer Fees: $300 – $1,500 including court filing fees ($150–$300), publication costs ($75–$200), certified copies, and recording fees

Michigan's increased small estate thresholds (2024) mean more estates qualify for simplified procedures, reducing overall costs. The real property lien deduction is a significant cost-saving feature for estates with mortgaged property. Bond may be waived in the will.

Frequently Asked Questions