Probate in Michigan: small estates, no will, and skipping court
The short answer
In Michigan, family can collect a small estate with a sworn statement 28 days after death if it has no real estate and is worth $53,000 or less (2026 figure). Larger estates go through informal or formal probate. Michigan has no transfer-on-death deed statute and collects no estate or inheritance tax.
When someone dies in Michigan, the family's first question is usually practical. Do we have to go to court, and how long will it take?
For smaller estates, often not. Michigan raised its small estate limits sharply in 2024, and it has a simple informal probate for the rest. This page covers both, plus who inherits if there is no will. It is part of our estate planning guides for each state. If the word is new, start with what probate is.
Can my family skip probate with a small estate affidavit?
Often, yes. Michigan has two simplified routes, one with no court and one with a short court order (MCL 700.3983, MCL 700.3982). The dollar limits are adjusted for inflation every year; the figures below are for deaths in 2026 (Michigan Department of Treasury notice).
| Item | Sworn statement (no court) | Small estate petition (court order) |
|---|---|---|
| Value limit | Entire estate $53,000 or less, net of liens | Gross estate $53,000 or less after funeral and burial costs |
| Real estate | Not allowed if the estate has any real property | Allowed; debt secured by the property is deducted, up to $264,000 |
| Earliest you can use it | 28 days after death | When the court acts |
| Who receives | The successor named in the statement | The surviving spouse, or if none, the heirs |
| Other conditions | No personal representative application pending or granted; a standard court form is available | Heirs other than a spouse or minor children stay liable for unpaid debts for 63 days, up to what they received |
Older articles show a $15,000 limit. That changed in February 2024, when the base rose to $50,000, now $53,000 with inflation.
Who inherits if there's no will?
Michigan's intestacy law decides. Michigan is not a community property state. The surviving spouse's share depends on who else survives (MCL 700.2102). These are the 2026 dollar amounts:
- No children or parents: the spouse takes everything.
- No children, but a parent survives: the first $301,000 plus three-quarters of the rest.
- Children, and all or some of them are also the spouse's: the first $301,000 plus half of the rest.
- Children, none of them the spouse's: the first $201,000 plus half of the rest.
Anything that doesn't go to a spouse passes in this order (MCL 700.2103):
- Your descendants, by representation.
- Your parents equally, or the surviving parent.
- Your parents' descendants: brothers, sisters, nieces and nephews.
- Half to your father's side and half to your mother's side: grandparents or their descendants.
Notice that friends never appear. If you want a friend, a charity or a favorite neighbor to receive something, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.
Who serves as personal representative?
Michigan calls the executor a "personal representative." If more than one person wants the job, the law sets the order (MCL 700.3203):
- The person named in the will.
- A surviving spouse who inherits under the will.
- Other people who inherit under the will.
- The surviving spouse.
- Other heirs.
- After 42 days, a creditor's nominee, if the court finds them suitable.
- After 63 days, the state or county public administrator, in limited cases.
People in groups 2 through 5 may nominate someone else. A personal representative is a fiduciary: legally required to act in the estate's interest and follow what the will says.
Michigan doesn't require the personal representative to live in the state. The only disqualifications are being under 18 or being found unsuitable by the court (MCL 700.3204). A son in Texas or a niece in Oregon can serve.
Informal, formal or supervised probate?
Michigan follows the Uniform Probate Code model (MCL 700.3301).
- Informal probate is an application to the probate register, with no hearing. Most families start here.
- Formal probate goes before a judge, usually when there is a dispute.
- Supervised administration keeps the court involved throughout, for example when the will asks for it (MCL 700.3501, MCL 700.3502).
Our post on the probate process walks through the steps.
How long do creditors have?
After appointment, the personal representative publishes a notice. Creditors have four months after publication to come forward, and known creditors must be sent notice too (MCL 700.3801).
A known creditor has until the later of one month after notice is sent or four months after publication. If notice is never given, the outside limit is three years after death, which is longer than in many states (MCL 700.3803).
How much is the personal representative paid?
Michigan says "reasonable compensation," with no percentage schedule (MCL 700.3719). The personal representative may pay it periodically as earned, without asking the court first.
If the will sets a fee, they may turn it down before taking the job and take reasonable pay instead. A lawyer serving as personal representative must keep detailed time records. Our post on what an executor gets paid compares approaches.
Can my house skip probate?
Michigan has no transfer-on-death deed statute for real estate. Its transfer-on-death law covers only securities registered in beneficiary form (MCL 700.6309).
That makes a home harder to pass without court. Remember too that the no-court sworn statement can't be used at all if the estate includes any real property. A revocable living trust is the main planned route. Our posts on how to avoid probate and what a trustee does explain how it works.
Will my heirs owe Michigan estate or inheritance tax?
No. Michigan's estate tax was tied to a federal credit that ended in 2005, so it collects nothing for deaths since then. Its inheritance tax applies only to people who died on or before September 30, 1993 (Michigan Department of Treasury).
Which path fits?
| Situation | Likely route |
|---|---|
| Estate $53,000 or less, no real estate | Sworn statement after 28 days |
| Estate $53,000 or less after funeral costs, includes a home | Small estate petition to the court |
| Larger estate, no disputes | Informal probate |
| Family disagreement or unclear will | Formal probate |
| Home held in a living trust | Trustee transfers it, outside probate |
Here is a typical case, a composite. Ruth, 76, lived in Grand Rapids and never married. She rented her apartment, and her checking account and car came to about $25,000. Twenty-eight days after she died, her nephew used the sworn statement to collect both. There was no court case.
Some people would rather not leave this to a relative in another state. Through a Kinly membership, Trella Trust Company can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.
Before death, the papers that matter most are your powers of attorney. See our Michigan financial power of attorney guide and Michigan medical power of attorney guide.
Common questions
What is the small estate limit in Michigan for 2026?
$53,000 for deaths in 2026. The no-court sworn statement needs an estate of that size or less with no real estate, and a 28-day wait. A court petition is available at the same limit, measured after funeral and burial costs.
Can someone who lives in another state be a personal representative in Michigan?
Yes. Michigan has no residency requirement. A personal representative must be at least 18 and not found unsuitable by the court.
Does Michigan allow transfer-on-death deeds?
No statute allows them for real estate. Michigan's transfer-on-death law covers securities. A revocable trust is the usual planned way to pass a home without probate.
Does Michigan have an inheritance tax?
Not for anyone who died after September 30, 1993. Michigan also collects no estate tax for deaths since 2005.
How long do creditors have in Michigan probate?
Four months after the published notice. Known creditors get the later of one month after notice is sent or four months after publication. With no notice, the limit is three years after death.
Sources
- MCL 700.3983: Small estates; sworn statement (Michigan Legislature)
- MCL 700.3982: Small estates; court order (Michigan Legislature)
- Michigan Department of Treasury, EPIC cost-of-living adjustments notice (Jan. 30, 2026)
- MCL 700.2102: Intestate share of spouse (Michigan Legislature)
- MCL 700.2103: Shares of heirs other than spouse (Michigan Legislature)
- MCL 700.3203: Priority for appointment (Michigan Legislature)
- MCL 700.3204: Qualifications of personal representative (Michigan Legislature)
- MCL 700.3301: Informal probate or appointment (Michigan Legislature)
- MCL 700.3501: Supervised administration (Michigan Legislature)
- MCL 700.3502: Supervised administration (Michigan Legislature)
- MCL 700.3801: Notice to creditors (Michigan Legislature)
- MCL 700.3803: Limitations on creditors (Michigan Legislature)
- MCL 700.3719: Compensation of personal representative (Michigan Legislature)
- MCL 700.6309: Transfer on death of securities (Michigan Legislature)
- Michigan Department of Treasury, Inheritance Tax FAQ
This page is general information, not legal or financial advice. Laws vary by state.