Michigan uses the Uniform Probate Code framework, which allows for both formal and informal probate proceedings. Informal probate — available for most estates without disputes — is faster and requires less court interaction than formal proceedings.
How Probate Works in Michigan
Michigan probate is filed in the Probate Court of the county where the deceased lived. Michigan follows the Uniform Probate Code, offering two tracks: informal probate (processed by the Register of the Probate Court with minimal judicial involvement) and formal probate (requiring a judge's order, used for contested or complex estates).
Most Michigan estates use informal probate. The personal representative is appointed by the Register, then proceeds largely independently — inventorying assets, notifying creditors, paying debts, and distributing the estate without court approval at each step. This approach is similar to independent administration in Texas and Illinois.
Small Estate Shortcuts in Michigan
Michigan offers two simplified procedures for small estates. When the probate estate is $25,000 or less, a surviving spouse or heirs can use an assignment of assets — a simplified court order transferring assets without full administration. For even smaller estates (under $15,000 in personal property), a direct affidavit may be used to collect assets from banks and other institutions without any court involvement.
Michigan also provides a surviving spouse allowance of up to $32,000 (adjusted periodically), which is paid before creditors and before any distribution to heirs — an important protection for surviving spouses in smaller estates.
State Estate Tax
Michigan has no state estate tax or inheritance tax. There is no Michigan-specific tax on estates — only the federal estate tax applies, and only for very large estates.
How Long Does Probate Take in Michigan?
Informal probate in Michigan typically takes 6 to 12 months. The 4-month creditor period begins when the personal representative publishes notice and is the primary timing constraint. Wayne County (Detroit) and Kent County (Grand Rapids) courts can have moderate backlogs; rural counties tend to move faster.
Executor Compensation
Michigan entitles personal representatives to "reasonable compensation" — there is no fixed statutory rate. Courts and practitioners typically use 2–3% of the estate value as a guideline for reasonable compensation, with higher percentages appropriate for complex or time-intensive estates.