Settling an Estate in Michigan
Reviewed by DocDraft Legal Team · Michigan · Last updated August 27, 2026
Michigan administers estates under the Estates and Protected Individuals Code, known as EPIC, which adopts the Uniform Probate Code framework. That gives Michigan families a choice most states do not offer: proceedings can be informal, handled largely by a probate register without hearings, or formal before a judge, and administration can be unsupervised, which is the working default, or supervised. The county Probate Court hears all of it. Michigan's smallest estates can skip court entirely through a transfer by affidavit under MCL 700.3983, using a form delivered directly to whoever holds the asset rather than filed with the court, though it is unavailable if the estate includes any real property. Two Michigan specifics catch people out: the affidavit requires 28 days to pass after death, and every estate that opens in Probate Court owes an inventory fee calculated on the value of the estate.
Find out where you stand in Michigan
Where are you in settling the estate?
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Is probate always required in Michigan?
No. Jointly held property, payable on death and transfer on death accounts, life insurance and retirement plans with a living beneficiary, and trust assets pass outside probate. Michigan also allows a transfer by affidavit for small estates holding no real property, which is delivered directly to the asset holder rather than filed with any court.
Which court handles probate in Michigan?
The Probate Court of the county where the decedent was domiciled at death. Michigan uses statewide forms approved by the State Court Administrative Office, so the filing packet is consistent across counties. Michigan's Probate Courts handle both informal proceedings, largely processed by a probate register, and formal proceedings heard by a judge.
What is the small estate limit in Michigan and does real property count?
Transfer by affidavit under MCL 700.3983 applies where the estate less liens and encumbrances does not exceed a statutory base of $50,000, adjusted annually for inflation under MCL 700.1210 and standing near $53,000 for deaths in 2026. It is unavailable if the estate includes any real property at all.
How long does probate take in Michigan?
An unsupervised administration commonly runs 7 to 12 months. The floor is set by the creditor period in MCL 700.3801, which runs four months from publication of the notice to creditors. A transfer by affidavit is far faster, requiring only that 28 days pass after death before the affidavit is presented.
EPIC, four routes through probate, and the inventory fee
Michigan's Estates and Protected Individuals Code adopts the Uniform Probate Code framework, which means a Michigan family chooses along two independent axes rather than following a single track. The first axis is informal versus formal: informal proceedings are processed largely by the probate register without a hearing and are suited to uncontested estates, while formal proceedings go before a Probate Court judge and are used where the will's validity, the heirs, or the right to appoint is disputed. The second axis is unsupervised versus supervised administration under MCL 700.3502. Unsupervised administration is the working default in most counties and lets the personal representative sell property, pay claims, and distribute without returning to court for approval at each step. Supervised administration is a single in rem proceeding under the court's continuing authority, lasting until an order approving distribution and discharging the representative, and it is requested where a beneficiary needs the protection of judicial oversight. Michigan's small estate route is unusually clean: under MCL 700.3983, once more than 28 days have passed since death, a successor presents a sworn affidavit on court form PC 598 together with the death certificate directly to whoever holds the property, and that holder must deliver it. The affidavit is not filed with the Probate Court at all, so there is no court filing fee. The ceiling is a statutory base of $50,000 less liens and encumbrances, adjusted annually for inflation under MCL 700.1210 and sitting near $53,000 for deaths in 2026, and the procedure is unavailable if the estate holds any real property. Estates that do open in Probate Court owe a statutory inventory fee calculated on the value of the estate, separate from filing fees. Creditors have four months from publication of the notice to creditors under MCL 700.3801, or one month from actual notice, whichever is later. Michigan imposes no state estate or inheritance tax.
Relevant Laws
MCL 700.3983 (Transfer by affidavit)
Allows a decedent's successor to collect property by presenting a sworn affidavit and death certificate directly to the person holding it, once more than 28 days have passed since death, where the estate less liens and encumbrances does not exceed the statutory base of $50,000 as adjusted under MCL 700.1210. Unavailable if the estate includes any real property. The affidavit is not filed with the court.
MCL 700.3982 (Order assigning property of small estate)
Provides a court based alternative for small estates, allowing the Probate Court to assign estate property on petition. Unlike the transfer by affidavit, this route can reach real property, which makes it the fallback where a modest estate includes a house or land and therefore cannot use MCL 700.3983.
MCL 700.3801 (Notice to creditors)
Requires the personal representative on appointment to publish notice directing estate creditors to present claims within four months after the date of publication or be forever barred. A creditor who receives actual notice has four months from publication or one month from that actual notice, whichever is later, to present a written claim.
MCL 700.3502 (Supervised administration)
Defines supervised administration as a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the court's continuing authority, extending until entry of an order approving distribution and discharging the personal representative. Unsupervised administration is the default; supervision is requested where oversight is wanted.
Regional Variances
Michigan administration tracks
No real property, estate at or under the indexed ceiling
Transfer by affidavit under MCL 700.3983, using form PC 598. Requires more than 28 days since death. The ceiling is a $50,000 statutory base less liens and encumbrances, indexed under MCL 700.1210 and near $53,000 for 2026 deaths. The affidavit goes directly to the asset holder, not to the court, so no filing fee and no inventory fee apply.
Small estate that includes real property
Petition for assignment of property under MCL 700.3982. A court proceeding rather than a self executing affidavit, but unlike MCL 700.3983 it can reach real property. This is the standard fallback where a modest estate includes a house that did not pass by survivorship or a lady bird deed.
Uncontested estate above the small estate routes
Informal proceedings, processed largely by the probate register without a hearing, combined with unsupervised administration. This is the working default in most Michigan counties and lets the personal representative act without returning to court for approval at each step.
Disputed will, heirs, or appointment
Formal proceedings before a Probate Court judge, often paired with supervised administration under MCL 700.3502. Used where the will's validity is challenged, the heirs are uncertain, competing candidates seek appointment, or a beneficiary needs the protection of judicial oversight.
Michigan deadlines and costs
28 day affidavit wait
More than 28 days must pass after death before a transfer by affidavit can be presented under MCL 700.3983. An affidavit presented earlier will be refused by the asset holder, so the date should be diaried at the outset.
Creditor claims
Four months from publication of the notice to creditors under MCL 700.3801, or one month from actual notice to a particular creditor, whichever is later for that creditor. Because the second branch is creditor specific, the closing date differs between creditors and must be tracked individually.
Inventory fee
A statutory fee calculated on the value of the estate, assessed on estates that open in Probate Court and separate from filing fees. It is an estate expense that scales with value, and it is avoided entirely where the estate qualifies for transfer by affidavit.
Statewide forms
Michigan uses SCAO approved forms across all counties, including PC 598 for the transfer by affidavit, so the filing packet is consistent statewide. Local practice still governs hearing scheduling and some supplemental requirements.
Suggested Compliance Checklist
Check whether any real property is in the estate
Week 1 days after startingReal property of any value disqualifies the estate from the MCL 700.3983 transfer by affidavit. Confirm how the home is titled, since property held jointly with survivorship or subject to a lady bird deed passes outside the estate and does not disqualify the affidavit. This single question selects the route.
Diary 28 days from the date of death
Day 29 onward days after startingMore than 28 days must pass before a transfer by affidavit can be presented under MCL 700.3983. Mark the date, and in the meantime gather the certified death certificate and the account information the affidavit will need so the affidavit can go out as soon as the period runs.
Complete and present the transfer by affidavit if eligible
After day 28 days after startingWhere the estate less liens and encumbrances is within the indexed ceiling, near $53,000 for 2026 deaths, complete SCAO form PC 598 and present it with the death certificate directly to each asset holder. It is not filed with the Probate Court, so there is no filing fee and no inventory fee.
Choose the proceeding type and supervision level
Weeks 2-6 days after startingDecide informal versus formal based on whether the will, the heirs, or the appointment is disputed, and unsupervised versus supervised based on whether a beneficiary needs judicial oversight. Unsupervised informal is the default for uncontested estates; supervised administration under MCL 700.3502 is worth requesting where a beneficiary is a minor.
File the inventory and pay the statutory inventory fee
Per court deadline after appointment days after startingPrepare the inventory of estate assets with date of death values and file it with the Probate Court. Michigan assesses a statutory inventory fee calculated on the value of the estate, separate from filing fees, so budget for it as an estate expense that scales with the size of the estate.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Check whether any real property is in the estate | Real property of any value disqualifies the estate from the MCL 700.3983 transfer by affidavit. Confirm how the home is titled, since property held jointly with survivorship or subject to a lady bird deed passes outside the estate and does not disqualify the affidavit. This single question selects the route. | - | Week 1 |
| Diary 28 days from the date of death | More than 28 days must pass before a transfer by affidavit can be presented under MCL 700.3983. Mark the date, and in the meantime gather the certified death certificate and the account information the affidavit will need so the affidavit can go out as soon as the period runs. | - | Day 29 onward |
| Complete and present the transfer by affidavit if eligible | Where the estate less liens and encumbrances is within the indexed ceiling, near $53,000 for 2026 deaths, complete SCAO form PC 598 and present it with the death certificate directly to each asset holder. It is not filed with the Probate Court, so there is no filing fee and no inventory fee. | small-estate-affidavit | After day 28 |
| Choose the proceeding type and supervision level | Decide informal versus formal based on whether the will, the heirs, or the appointment is disputed, and unsupervised versus supervised based on whether a beneficiary needs judicial oversight. Unsupervised informal is the default for uncontested estates; supervised administration under MCL 700.3502 is worth requesting where a beneficiary is a minor. | - | Weeks 2-6 |
| File the inventory and pay the statutory inventory fee | Prepare the inventory of estate assets with date of death values and file it with the Probate Court. Michigan assesses a statutory inventory fee calculated on the value of the estate, separate from filing fees, so budget for it as an estate expense that scales with the size of the estate. | asset-inventory | Per court deadline after appointment |
Frequently Asked Questions
Michigan charges a statutory inventory fee on estates that open in Probate Court, calculated on the value of the estate rather than as a flat charge, and it is separate from the filing fee. It is assessed when the inventory is filed and is an estate expense. Estates resolved through the MCL 700.3983 transfer by affidavit never open a court file, so no inventory fee applies to them.
Informal proceedings are processed by the probate register largely on paper, without a hearing before a judge, and are appropriate where the will is clear, the heirs are known, and nobody objects. Formal proceedings are heard by a Probate Court judge and are used where the will's validity is questioned, the heirs are uncertain, or competing candidates seek appointment. An estate can start informal and move to formal if a dispute develops.
Supervised administration under MCL 700.3502 places the estate under the court's continuing authority until an order approving distribution and discharging the representative. It is worth requesting where a beneficiary is a minor or legally incapacitated, where beneficiaries distrust the representative, or where the representative wants judicial approval of their conduct as protection. It is slower and produces more filings than the unsupervised default.
No. MCL 700.3983 is unavailable if the estate includes any real property, no matter how small the total value. If real property must pass through the estate, Michigan offers a petition for assignment of property under MCL 700.3982 for small estates, which is a court proceeding rather than a self executing affidavit, or the estate opens in the normal way.
No. Michigan imposes neither an estate tax nor an inheritance tax, so the only death tax exposure is federal, and the federal basic exclusion for deaths in 2026 is $15 million per person. The estate still needs to file the decedent's final income tax return and any fiduciary income tax return for income the estate earns during administration.
Other Michigan guides
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