How Probate Works in Michigan
Michigan's small-estate relief is unusually well-indexed to inflation — its thresholds adjust every year, and for deaths in 2026 the figure is $53,000. Both of its simplified paths share that same dollar figure, but they cover different territory: one can include real property, the other is personal property only with no court filing at all.
Probate court
Probate Court
Typical timeframe
6–12 months typical; 3–4 months for small estates
Small-estate affidavit limit
$53,000
Simplified probate limit
$53,000
Creditor claim deadline
120 days
Community property state
No
Does Michigan require probate?
Probate is required for solely-owned assets above the small-estate thresholds, whether or not a will exists. Without one, Michigan's intestacy statute controls and the court appoints a personal representative, often the surviving spouse or closest heir.
How to avoid full probate in Michigan
- Affidavit of Decedent's Successor — a true out-of-court affidavit (form PC 598) for personal property only, up to $53,000 for deaths in 2026, after a mandatory 28-day wait. No court filing required at all.
- Petition and Order for Assignment — a simplified court process that can include real property, with a deductible lien cap of $264,000 for 2026, up to the same $53,000 base figure.
- Both thresholds adjust annually for inflation, so the applicable figure depends on the year of death, not just the current number.
The probate process in Michigan
Michigan's Probate Court is a distinct trial court in each of its 83 counties (ten of which have combined into five multi-county probate districts) — not a division of a general court.
Creditor claims in Michigan
The personal representative must publish notice, and creditors have 4 months from the date of publication to present a claim or be permanently barred. Known creditors must also be directly notified, and get the later of that 4-month deadline or 1 month after being personally notified.
Let Estate Assist handle the rest
Estate Assist reads the estate's documents, builds a personalized checklist, and drafts the letters you need — so you're not piecing this together alone.
Start your free action plan →Frequently asked questions
Do I need a lawyer to serve as personal representative in Michigan?
Not legally required, but a personal representative can face personal liability for mistakes like missed deadlines or improper distributions, so legal help is strongly advised beyond the simplest affidavit-only estates.
What happens if there's no will?
The Probate Court appoints a personal representative under Michigan's intestacy rules, typically the surviving spouse or nearest relative, and the estate passes according to the statutory order rather than by choice.
Can I skip probate entirely for a small estate?
Yes, if there's no real property and the net estate is at or under the current adjusted threshold ($53,000 for 2026) — the Affidavit of Decedent's Successor lets you collect assets directly from banks or other asset holders without any court filing, once 28 days have passed since death.
Related guides
Probate in other states
Michigan figures checked against Kent County, Michigan — Small Estates (official county government) on July 22, 2026. Probate rules, thresholds, and deadlines change and are frequently adjusted for inflation; confirm current figures before relying on them. Estate Assist provides general information, not legal, financial, or tax advice.