Michigan Probate Guide

Selling a Home Through Probate

Written for the person who just became responsible for a house they did not ask for. Plain language, Michigan-specific, no legalese. Including a probate court directory for all 83 Michigan counties.

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First Question: Do You Even Need Probate?

Not every Michigan home goes through probate, and finding out early saves months. What matters is not the will — it is how the property was titled on the day the owner died.

  • Held in a trust. The trust controls it. The successor trustee can normally act without probate.
  • Joint ownership with rights of survivorship. Title generally passes to the surviving owner automatically.
  • Lady bird deed. Michigan permits this enhanced life estate deed, which passes property outside probate.
  • Titled in their name alone. This is the one that needs probate. Somebody must be given legal authority before the home can be sold.

Pull the deed before you do anything else. Your county Register of Deeds has it, and it answers the most expensive question on this page in about ten minutes.

Decision chart: how the Michigan home is titled, whether Letters of Authority have been issued, and whether authority over real estate is restricted
Three questions decide whether the house can be listed today or not for months.
The Document That Matters

Letters of Authority, Not Letters Testamentary

Michigan issues Letters of Authority on state court form PC 572. Other states say Letters Testamentary or Letters of Administration. If you are reading advice that uses those terms, it was not written for Michigan.

This single document is what lets a personal representative sign a listing agreement and, later, a deed. No Michigan title company will close a probate sale without current Letters in the file.

Two things to check the moment you receive them

  • The expiration date. Michigan Letters are commonly issued with one, often a year out. If they lapse mid-transaction, authority stops and so does the closing. Renewal is usually routine — but it has to be asked for.
  • The restriction boxes. The form lets the court limit what the personal representative may do, and one option specifically removes authority over the estate's real estate.

This is the one people miss. If the real-estate restriction box is checked, the personal representative cannot sell the home without going back to court — no matter what the will says. It gets discovered at the closing table more often than it should.

Two Roads

Informal vs Formal Probate in Michigan

Informal probate is handled administratively by the probate register, without a judge. It is faster, cheaper, and it is the route most uncontested Michigan estates take. The application is SCAO form PC 558.

Formal probate goes before a probate judge. It is used when the will is contested, the heirs disagree, the will is ambiguous or missing, or the court's supervision is otherwise warranted.

The route affects timing and cost far more than it affects whether the house can eventually be sold. Plenty of families in formal proceedings still sell the property during administration.

Timing

How Long Michigan Probate Actually Takes

A straightforward informal estate commonly runs five months to about a year. The floor is not paperwork speed — it is the creditor claim period, which under Michigan law generally runs four months from published notice.

Contested estates, multiple heirs who disagree, business interests, or out-of-state property can stretch that considerably.

Michigan probate timeline from death to closing the estate, showing the home can usually be listed once Letters of Authority are issued
The house does not wait for the estate to close. It waits for Letters of Authority.
The Sale

Selling the House: Seven Steps

  1. 1

    Determine whether probate is needed at all

    Check how the home is titled. A trust, joint ownership with rights of survivorship, or a lady bird deed generally avoids probate entirely. Property held in the deceased person's name alone normally requires it.

  2. 2

    File with the probate court in the county of domicile

    File in the county where the person lived at death. An application for informal probate goes to the probate register; a petition for formal probate goes before a judge. Michigan uses SCAO form PC 558 for the application.

  3. 3

    Get the personal representative appointed

    The court appoints the personal representative and issues Letters of Authority on form PC 572. Until those Letters exist, nobody has legal power to sign a listing agreement or a deed for the property.

  4. 4

    Read the Letters of Authority carefully

    Check two things: the expiration date, and whether any restriction box is checked. A restriction removing authority over real estate means the home cannot be sold without returning to court.

  5. 5

    Notify creditors and inventory the estate

    Publish notice to creditors, which starts a claim period that generally runs four months under Michigan law, and file an inventory of estate assets including the real estate and its value.

  6. 6

    List and sell the property

    In most estates the home can be listed and sold while administration continues. Proceeds go to the estate, not directly to the heirs. Clean, documented marketing records protect the personal representative.

  7. 7

    Pay claims, then distribute and close

    Valid creditor claims and expenses are paid from the estate, remaining assets are distributed to the heirs or devisees, and the personal representative files to close the estate.

The most common misunderstanding we hear: families believe they must wait until probate finishes before listing. In most Michigan estates they do not. They wait for Letters of Authority, which usually arrive within weeks.

If several heirs are involved, the personal representative — not the heirs as a group — holds the authority to sell, while owing a fiduciary duty to everyone with an interest. In practice, an independent valuation, identical written updates to every heir at the same time, and documented marketing records prevent most of the conflict that otherwise shows up around price and timing.

Statewide Directory

Michigan Probate Courts — All 83 Counties

File in the county where the deceased person lived, not where the property sits and not where you live. Every link below goes to that county's official court page.

Directory compiled from the Michigan Attorney General's probate court listing. Ten Michigan counties are consolidated into five probate districts. Blank SCAO forms, including PC 558 and PC 572, are free at courts.michigan.gov.

Questions

Michigan Probate FAQ

Do I need probate to sell a house in Michigan?
It depends on how the property was titled. If the home was held in a trust, owned jointly with rights of survivorship, or transferred by a lady bird deed, it generally passes outside probate and can be sold without opening an estate. If it was titled in the deceased person's name alone, probate is normally required before the home can be sold, because someone must be given legal authority to sign the deed.
What are Letters of Authority in Michigan?
Letters of Authority is the document the Michigan probate court issues to the personal representative, on form PC 572. It is the proof of legal power to act for the estate, including signing a listing agreement and a deed. Michigan uses this term rather than Letters Testamentary or Letters of Administration, which are used in other states. No Michigan title company will close a probate sale without current Letters.
Why do Letters of Authority expire?
Michigan Letters of Authority are commonly issued with an expiration date, often one year from appointment. If they expire mid-transaction the personal representative temporarily has no authority to sign, and the closing stops. Renewal is usually routine, but it must be requested from the court. Anyone listing an estate property should check the expiration date before the listing goes live, not the week of closing.
What is the difference between informal and formal probate in Michigan?
Informal probate is handled administratively by the probate register without a judge, and it is the faster and less expensive path used in most uncontested Michigan estates. Formal probate involves hearings before a probate judge and is used when the will is contested, heirs disagree, the will is unclear, or the court's supervision is otherwise needed. The route affects timing far more than it affects whether the home can eventually be sold.
How long does probate take in Michigan?
A straightforward informal estate commonly runs five months to about a year. The floor is set by the creditor claim period, which under Michigan law generally runs four months from published notice. Estates that are contested, involve multiple heirs who disagree, or include complicated assets can run considerably longer. Importantly, the house often can be listed and sold well before the estate itself closes.
Can the house be sold before probate is finished?
In most Michigan estates, yes. Once the personal representative has Letters of Authority and the authority is not restricted, the home can normally be listed and sold while the rest of the estate administration continues. The sale proceeds go to the estate rather than directly to the heirs. This surprises many families who assume they must wait for the entire process to end.
What is a restricted Letter of Authority?
The Michigan Letters of Authority form contains checkboxes that let the court limit what the personal representative may do. One of them specifically removes authority over the estate's real estate. If that box is checked, the personal representative cannot sell the home without going back to the court for permission. This is the single most important thing to check before listing an estate property, and it is frequently missed.
Who is the personal representative and how are they appointed?
The personal representative is the person the probate court appoints to administer the estate. If there is a will it usually nominates someone. If there is no will, Michigan law sets a priority order, generally starting with the surviving spouse and then other heirs. Appointment happens by filing an application or petition with the probate court in the county where the deceased person lived.
What if the heirs disagree about selling the house?
The personal representative, not the heirs collectively, holds the authority to sell, though they owe a fiduciary duty to all interested persons. Disagreement usually shows up as conflict over price and timing rather than over whether to sell at all. In practice, an appraisal or broker price opinion, transparent written communication to every heir at the same time, and documented marketing records tend to defuse most of it.
Which Michigan probate court handles the estate?
Generally the probate court in the county where the deceased person was domiciled at the time of death, not where the property is located and not where the heirs live. If the person was not a Michigan resident but owned Michigan property, venue may be proper in the county where the property sits. Every Michigan county has a probate court, and ten counties are consolidated into five probate districts.
Do I need an attorney for Michigan probate?
Michigan does not require one for a simple informal estate, and many personal representatives handle straightforward cases themselves using the SCAO forms. An attorney becomes worth the cost when the estate is contested, insolvent, involves a business interest or out-of-state property, or when the personal representative simply does not want the exposure that comes with fiduciary duty. Realty Concierge Group works alongside probate attorneys regularly and can make an introduction.
What taxes apply when selling an inherited home in Michigan?
Michigan has no inheritance tax and no state estate tax. For federal income tax, inherited property generally receives a stepped-up basis to fair market value as of the date of death, which often means little or no capital gain if the home sells near that value soon after. Property taxes and any uncapping of taxable value are separate questions. This is general information, not tax advice, and it should be confirmed with a CPA or tax attorney.
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This guide is general information about Michigan probate, not legal or tax advice, and it does not create an attorney-client relationship. Realty Concierge Group is a licensed Michigan real estate brokerage, not a law firm. Court procedures, forms and timelines change and vary by county. Confirm anything that matters with the probate court in your county or with a Michigan probate attorney. We are glad to make an introduction.