Does every estate go through probate?

No. Assets with a surviving joint owner, a named beneficiary, or a properly funded trust often pass outside probate. Whether your situation requires probate depends on how title and beneficiaries were set up, which an attorney can confirm quickly.

How long does probate take in Michigan?

Simple, uncontested estates are often measured in months rather than weeks, largely because of the creditor claim period. Disputes, unclear titles, or hard to value assets extend it. See our probate timeline for the phases.

Do I need a probate attorney?

You are not always required to have one, but for anything beyond the simplest estate it is money well spent. A Personal Representative has real legal duties and real personal exposure for getting them wrong.

Can I be paid for serving as Personal Representative?

Reasonable compensation is generally allowed, and there are rules about what qualifies. Ask your attorney rather than deciding on your own.

What if the will cannot be found?

The estate may proceed as intestate, with state law determining heirs, unless a valid will surfaces. Search carefully, including with the deceased's attorney and bank, before concluding there is none.

Someone is living in the house. What now?

This is common and delicate. The answer depends on whether they have a legal right to be there, whether rent is involved, and what the estate needs. Treat it as a legal question first and a real estate question second.

Can the family just split the house among heirs?

It happens, and it often creates a shared ownership problem later when one heir wants to sell. If the family is leaning that way, look at the practical consequences with clear eyes first.

Probate basics

What is probate, in plain language

Probate is the court supervised process of settling someone's affairs after they die: proving the will if there is one, appointing someone to act, paying valid debts and taxes, and passing what remains to the people entitled to it.

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The short version

Three things probate is actually doing

01
Confirming authority
The court validates the will if one exists and formally appoints a Personal Representative who is allowed to act for the estate.
02
Taking inventory
Assets are identified and valued, which is where a documented date of death value for real estate comes in.
03
Settling obligations
Valid creditor claims, final bills, and taxes are addressed in the order the law requires, before distributions.

The words you will hear

Personal Representative: The person appointed to manage the estate. Michigan uses this term where other states may say executor or administrator. It is a fiduciary role, meaning you must act in the estate's interest rather than your own.
Letters of Authority: The court document showing you have authority to act for the estate. Title companies, banks, and brokerages will ask to see it.
Testate and intestate: Testate means there is a valid will. Intestate means there is not, and state law then determines who inherits.
Informal and formal proceedings: Michigan allows an informal, largely administrative path when nothing is contested, and a formal, more supervised path when there are disputes or complications.
Inventory: The list of estate assets with values, filed with the court. Real estate is usually the largest line on it.
Date of death value: What the property was worth on the day of death. It matters for the inventory and often for the heirs' tax basis, which is a CPA question.
Creditor claim period: A defined window during which creditors may present claims against the estate. Distributions generally wait until this is resolved.
Small estate procedures: Michigan offers simplified options for smaller estates. Whether yours qualifies is a question for an attorney or the court, and it can save months.

Where the house fits

Real estate is usually the biggest asset and the biggest source of stress. It needs a documented value, ongoing insurance and utilities, protection while vacant, and eventually a decision to keep, transfer, or sell. Those are the parts we handle, working with your attorney. See how we help

Common probate questions

Front cover of the Michigan Probate and Estate Guide, prepared by Dave Moody of Reality Real Estate Brokerage.

Free guidePDF

Michigan Probate & Estate Guide

Written for the person who was handed the house: what a Personal Representative is responsible for, and how a family home moves through a Michigan estate.

Download the guide11 pages, 2.7 MB

Questions welcome

Ask before you are ready to sell

Most families call us with questions long before a listing makes sense. That is exactly the right time.

Reality Real Estate Brokerage is a licensed Michigan real estate brokerage. We are not attorneys, accountants, or tax advisors, and nothing on this site is legal, tax, or financial advice. Information here is based on our experience and is intended for general guidance. Please consult the appropriate licensed professional for your situation.

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