What Families Need to Know After a Death in Michigan

Michigan offers one of the more accessible small estate processes in the Midwest — personal property under $15,000 can be claimed by affidavit, and a separate "assignment of estate" procedure handles modest estates in Probate Court without full administration. Understanding which path applies, and how Michigan's patient advocate designation works, covers most of what families need to act quickly.

Probate
Probate & Small Estate Rules in Michigan

Michigan probate is filed with the county Probate Court where the deceased lived. Michigan offers two simplified options that allow many families to avoid full probate administration entirely.

The small estate affidavit allows heirs to claim personal property worth $15,000 or less without going to court at all. The affidavit can be used 28 days after death and is governed by MCL § 700.3982. The heir presents the affidavit, along with a death certificate, to the institution or person holding the property — a bank, for example — and the property is released directly.

For slightly larger estates, Michigan offers an assignment of estate procedure. If the estate's gross value — after subtracting liens and encumbrances — is $25,000 or less, the Probate Court can assign assets to the surviving spouse or heirs without opening full administration. This is faster and less expensive than formal probate, and does not require appointment of a personal representative.

When formal probate is required, Michigan defaults to unsupervised administration — the personal representative manages the estate without court oversight at each step. Supervised administration exists but is rare; it must be specifically requested and is typically reserved for contested situations. The creditor notice period in Michigan is four months from the date notice is first published or given to creditors. Executor compensation is a reasonable fee — Michigan has no statutory percentage schedule. Unsupervised administration typically takes 5–12 months from start to close.

Wills
Will Signing Requirements in Michigan

A valid Michigan will requires the testator's signature plus two adult witnesses who sign within a reasonable time after witnessing the testator's signing (MCL § 700.2502). Notarization is not required for a standard witnessed will, but a self-proving affidavit — notarized at the time of signing — simplifies later probate because the court can admit the will without tracking down the witnesses to testify.

Michigan also recognizes holographic wills — wills written entirely in the testator's own handwriting and signed, with no witnesses required (MCL § 700.2502(2)). As with other states, holographic wills are more susceptible to challenge than formally witnessed wills and should be used only when no alternatives are available.

Michigan will also admit an out-of-state will that was validly executed under the laws of the state or country where it was signed. If you are settling an estate and the deceased moved to Michigan from another state, a will signed under the prior state's rules is likely still valid.

If the deceased died without a valid will, Michigan's intestate succession laws under MCL § 700.2102 determine who inherits. The rules follow a priority order: surviving spouse, then descendants, then parents and their descendants, and so on. The spouse's share depends on whether the deceased left descendants from a prior relationship — if so, the estate is divided rather than passing entirely to the spouse.

Advance Directive
Michigan Patient Advocate Designation

Michigan uses a document called the Patient Advocate Designation (PAD) as its primary advance directive. The PAD is Michigan's equivalent of a healthcare power of attorney — it names a trusted person (the patient advocate) to make medical and personal care decisions if the patient becomes unable to make them.

To be valid, the PAD requires the patient's signature plus two adult witnesses. Michigan's witness restrictions are stricter than most states: witnesses cannot be the patient's spouse, parent, child, grandchild, sibling, presumptive heir, or any person named as a beneficiary in the patient's estate plan. This rule is designed to prevent conflicts of interest and ensure the witness has no financial stake in the patient's medical decisions.

A separate document, a Do-Not-Resuscitate (DNR) Order, governs resuscitation preferences and must be signed by a physician. The DNR and the PAD can coexist — the DNR governs the immediate resuscitation decision, while the PAD covers the full range of ongoing healthcare choices.

Michigan also recognizes living wills for recording treatment preferences, though the PAD is the primary legal instrument for appointing a decision-maker. If both documents exist, healthcare providers look first to the PAD to identify who has authority, and then to any written preferences the patient recorded.

Spousal Rights
Spousal Rights & Intestate Succession in Michigan

Michigan is not a community property state. Each spouse owns their own property — there is no automatic joint ownership of assets acquired during the marriage. This means the deceased spouse's individually owned assets must pass either through a will, a trust, beneficiary designations, or Michigan's intestate succession rules.

Under Michigan's intestate succession law (MCL § 700.2102), the surviving spouse's share depends on the family situation:

• If the deceased leaves a surviving spouse and descendants who are also descendants of the surviving spouse — the spouse takes the entire intestate estate.
• If the deceased leaves descendants from a prior relationship (not the current spouse's children), the surviving spouse takes the first $150,000 (adjusted periodically for inflation) plus half of the remaining estate. The other half goes to the descendants.
• If there are no descendants, the spouse generally takes the entire estate.

Even if the deceased left a will, Michigan law gives the surviving spouse an elective share — the right to claim 30% of the augmented estate regardless of what the will provides (MCL § 700.2202). This prevents a spouse from being disinherited entirely.

Michigan also provides two automatic allowances that come off the top of the estate before any other distributions:

• Homestead allowance: $30,000 to the surviving spouse or minor children (MCL § 700.2402).
• Spousal allowance: $30,000 to the surviving spouse; minor children each receive a $5,000 family allowance.

These allowances are in addition to any share the spouse receives through the will or intestate succession, and they have priority over most creditor claims.

Vehicle Transfer
Transferring a Vehicle After Death in Michigan

Michigan has a specific simplified process for vehicle transfers that does not depend on the general small estate threshold. Heirs can transfer a vehicle — without opening probate — using form TR-29 (Certification from the Heir to a Vehicle), available from the Michigan Secretary of State.

The TR-29 process is available when the total estate value is $60,000 or less. To use it, the heir must provide:

• A certified copy of the death certificate
• The vehicle title
• A completed TR-29 form, including a statement that the total estate qualifies under the threshold

For estates above the $60,000 threshold, the appointed personal representative uses Letters Testamentary (or Letters of Administration if there is no will) to transfer title at any Secretary of State office. The letters establish the personal representative's legal authority to act on behalf of the estate.

Vehicles jointly titled with right of survivorship transfer automatically to the surviving co-owner. The surviving owner simply presents a certified death certificate at the Secretary of State — no affidavit or probate is needed.

Medicaid Recovery
Medicaid Estate Recovery in Michigan

Michigan Medicaid, administered by the Michigan Department of Health and Human Services (MDHHS), has the right to seek reimbursement from the estate of a deceased Medicaid beneficiary for long-term care costs paid after age 55. This process is called estate recovery and applies to nursing home care, home- and community-based services, and related costs.

Michigan limits recovery to the probate estate — assets that pass through Probate Court. This is significant because it means assets that bypass probate are protected:

• Assets held in a living trust pass to the successor trustee and are not subject to MDHHS recovery.
• Accounts with named beneficiaries (retirement accounts, life insurance, payable-on-death bank accounts) pass directly and are protected.
• Property held in joint tenancy with right of survivorship passes automatically and is not part of the probate estate.

Recovery is also waived in full while any of the following are living: a surviving spouse, a minor child, or a child of any age who is blind or disabled.

The executor (personal representative) should notify MDHHS before distributing estate assets. MDHHS has 63 days to file a claim after receiving notification. Distributing assets before that period expires — or without notifying MDHHS — can expose the personal representative to personal liability.