Losing a loved one is hard enough without facing confusing legal terms. If you’ve been told you need to “open probate” in Wayne County, you may be wondering: What does that mean? How does it work? And do I really have to go through it?
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.

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.

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.

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.

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.

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.

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.

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.

Steps in a Full Probate Case

  1. File a Petition: Request appointment of a personal representative.

     

  2. Court Hearing: Judge reviews the petition and appoints the representative.

     

  3. Letters of Authority: Issued by the court to allow estate management.

     

  4. Notice to Creditors: Published in a local newspaper (4 months for claims).

     

  5. Inventory of Assets: Filed with the court with estimated values.

     

  6. Pay Debts & Expenses: Funeral costs, administration costs, and valid claims.

     

  7. Court Approvals: Sales, distributions, or major actions require judge approval.

     

  8. Final Accounting & Distribution: Court approves how assets are divided.

     

Closing the Estate: Representative is discharged and estate is closed.

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.

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.

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.

 A: No. Jointly owned property, transfer-on-death accounts, and life insurance with named beneficiaries usually avoid probate.

 A: Yes. Trusts, transfer-on-death deeds, and beneficiary designations can keep property out of probate.

 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.

 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.

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.

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