This guide breaks down probate in Michigan in simple language — so you’ll know what to expect and when you may be able to use shortcuts instead.
What Probate Means in Michigan
Probate is the court process for handling a person’s estate (their money, property, and debts) after they pass away.
- If the person left a will, the court follows its instructions.
- If there is no will, Michigan’s inheritance law decides who gets what. Usually this includes a spouse, children, or other close relatives.
- Plain-English Takeaway: Probate is the legal way to transfer property and handle debts when someone dies.
A Note on PC Form Numbers
Throughout this guide, you’ll see references like PC 598 or PC 556. These are official Probate Court forms used in Michigan. Each number identifies a specific form — for example, PC 598 is the Affidavit of Heirship form, and PC 556 is the Small Estate Petition.
- Plain-English Takeaway: PC numbers are simply the state’s way of labeling probate forms. We include them here so you know exactly which documents are involved in each process.
Estate Value Quick Reference (Wayne County, 2025)
- Affidavit of Heirship (PC 598): Estate value limit $51,000 (personal property only; no real estate).
- Small Estate Petition (PC 556): $51,000 gross assets after funeral/burial expenses (2025).
- Real estate lien deduction cap (PC 556): Up to $257,000 may be deducted from the home’s fair market value for mortgages/tax liens (2025).
- Timing for PC 598: Available 28 days after death (with sworn statement + death certificate).
- Vehicle-only estates: The Secretary of State may transfer title directly when a motor vehicle is the only asset.
- Important: Numbers and examples shown in this article reflect values allowed as of August 2025 and change yearly. Always check current limits.
Affidavit of Heirship (PC 598)
This is the simplest probate shortcut in Michigan. It allows heirs to collect personal property such as bank accounts, vehicles, or small investments.
- Available when the estate is under $51,000 (2025 value).
- No real estate can be transferred with this option.
- May be used 28 days after death with a sworn statement and death certificate.
- Plain-English Takeaway: Fastest way to collect small assets without going to court.
Small Estate Probate (PC 556)
When the estate is modest but includes real estate, Michigan law allows a Small Estate Petition (also called an Order of Assignment).
- Available if the estate’s gross value after funeral/burial expenses is $51,000 or less in 2025.
- Real estate can qualify because mortgages/tax liens reduce the portion of the home’s value that counts toward the limit.
- For this eligibility test, a maximum lien deduction of $257,000 (2025) can be subtracted from the home’s fair market value.
- Watch Out: The $257,000 deduction cap is only for the probate math test. It does not reduce or forgive the actual mortgage or tax lien owed — those must still be paid in full.
Example (2025 values):
- Home fair market value: $120,000
- Mortgage (lien): $90,000 → $30,000 of home’s value counts toward the cap
- Bank account: $18,000
- Gross assets before funeral expenses: $30,000 + $18,000 = $48,000
- Funeral/burial expenses: $7,500
- Gross assets after funeral expenses: $48,000 − $7,500 = $40,500
Because $40,500 ≤ $51,000, this estate qualifies for a Small Estate Petition.
- Pro Tip: Keep receipts for funeral and burial costs — they reduce the estate’s value and may help the estate qualify under the $51,000 cap.
- Plain-English Takeaway: Court order that clears title for modest estates.
Informal Probate (PC 558)
If probate is required but uncontested, families often choose Informal Probate.
- The court appoints a personal representative.
- That person receives Letters of Authority to pay debts, manage property, and transfer assets.
- Includes a short informal hearing (lighter than a full court hearing) typically handled by the probate registrar or assigned official.
- Watch Out: Even though it’s called “informal,” you’ll still attend a hearing. It’s simpler than full probate, but not paperwork-only.
- Plain-English Takeaway: Gives a representative power to manage the estate without full court supervision.
Full Probate (PC 559)
For larger or more complex estates — or when family disputes arise — a full probate case is required.
- The court appoints a personal representative.
- All major actions (selling property, distributing assets) require court approval.
- Provides maximum oversight and protection when the estate is contested or heavily indebted.
- Plain-English Takeaway: Needed when there are disputes, multiple properties, or significant debts.
Steps in a Full Probate Case
- File a Petition: Request appointment of a personal representative.
- Court Hearing: Judge reviews the petition and appoints the representative.
- Letters of Authority: Issued by the court to allow estate management.
- Notice to Creditors: Published in a local newspaper (4 months for claims).
- Inventory of Assets: Filed with the court with estimated values.
- Pay Debts & Expenses: Funeral costs, administration costs, and valid claims.
- Court Approvals: Sales, distributions, or major actions require judge approval.
- Final Accounting & Distribution: Court approves how assets are divided.
Closing the Estate: Representative is discharged and estate is closed.
- Pro Tip: File the Notice to Creditors as soon as possible — the 4-month clock for creditor claims doesn’t start until publication.
Death Deeds & Personal Representative Deeds
Even after probate, real estate must be properly transferred into the heir’s name or the buyer’s name. This is done with deeds:
- Death Deed – Transfers property from the decedent’s name to heirs.
- Personal Representative Deed – Transfers property from the estate to buyers during or after probate.
- Plain-English Takeaway: Essential for clearing title before a sale or transfer.
FAQs (Frequently-Asked Questions)
Q: How long does probate take in Wayne County?
A: Affidavits and Small Estates can be done in weeks. Informal or Full Probate usually takes 6–12 months, but disputes can extend it.
Q: Who gets paid first — heirs or creditors?
A: Funeral and burial expenses and court/administration costs are paid first. After that, valid creditor claims (taxes, secured debts, medical bills) are paid. Heirs are paid last from what remains.
Q: Do all assets go through probate?
A: No. Jointly owned property, transfer-on-death accounts, and life insurance with named beneficiaries usually avoid probate.
Q: Can probate be avoided?
A: Yes. Trusts, transfer-on-death deeds, and beneficiary designations can keep property out of probate.
Q: What happens if the debts are more than the estate value?
A: If the estate doesn’t have enough to cover all debts, the personal representative pays them in order of legal priority. Once the estate runs out, the remaining debts are usually wiped out. Heirs are not personally responsible.
Q: What is estate tax or inheritance tax?
A: Michigan does not have a state inheritance tax or estate tax. The federal estate tax only applies to estates worth more than $13.92 million in 2025, so most families don’t owe it.
Q: What is an inventory fee?
A: The inventory fee is a one-time court fee paid when the estate’s assets are listed. In Michigan, the fee works on a sliding scale — smaller estates pay less, larger estates pay more. It’s based on the estate’s total reported value, and it must be paid to the court before the probate can be closed.
Final Note
This guide is for informational purposes only. It explains probate in plain language but is not legal advice. Every estate is unique. For help with your specific situation, contact DuBose Law Group for a consultation.