Probate in Michigan
Michigan probate is handled in the Probate Court of the county where the deceased resided. Michigan follows the Uniform Probate Code, which gives estates flexibility in how they are administered — from fully supervised administration to unsupervised (independent) administration. Most uncontested estates use unsupervised administration, which reduces court involvement significantly.
Michigan probate typically takes 5–12 months. Personal representatives are entitled to reasonable compensation.
Simplified estate procedures
Michigan offers two simplified procedures. For personal property only, a small estate affidavit (Claim and Delivery of Property) is available for estates with personal property valued at $25,000 or less — no court involvement required, available 28 days after death.
For estates under $15,000 in personal property (excluding real estate), Michigan allows a petition to the probate court for assignment to surviving spouse or heirs without full administration. Real estate generally requires a court order or trust to avoid probate.
Death certificates
Michigan death certificates are issued by the Michigan Department of Health and Human Services (MDHHS) Vital Records division and by county clerk offices. The cost is $34 for the first certified copy and $16 for each additional copy ordered at the same time — order several copies at once to reduce cost.
Order through MDHHS online or by mail, or in person at the county clerk's office. The funeral home files the initial certificate; coordinate with them to get your first batch of certified copies ordered promptly.
Estate and inheritance tax
- State estate tax: Michigan has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- Uniform Probate Code: Michigan adopted the Uniform Probate Code, allowing unsupervised (independent) administration in most cases. This reduces court hearings and speeds the process.
- Creditor claim period: 4 months from the date of first publication of notice to creditors, or 3 years from the date of death — whichever is earlier.
- Lady Bird deed: Michigan recognizes the "Lady Bird deed" (enhanced life estate deed), which allows real property to transfer at death to named beneficiaries without probate while the owner retains full control during life.
- Spousal rights: Michigan provides a surviving spouse with a right to a minimum share of the estate, homestead allowance, and personal property exemptions.
Key contacts
- MDHHS vital records: michigan.gov/mdhhs/adult-services/vital-records
- Michigan Courts probate locator: courts.michigan.gov
- State Bar of Michigan lawyer referral: michbar.org