For complete results, select the county where you live or where your case is filed:

Select county
x
x

Common Questions about Probate Administration

These are common questions about the traditional probate process. 

Questions about Probate Administration

What kinds of processes can I use to distribute a decedent’s property?

There are different ways an estate can be administered. These include probate administration, assignment of property, transfer by affidavit, and other simple procedures. Depending on how much property the decedent had, the probate court may or may not be involved in the process. Read the articles An Overview of Informal Probate and An Overview of Small Estate Processes to learn more about your options.

What is the difference between formal and informal probate?

Formal probate proceedings are heard by a probate judge, while informal proceedings are heard by a probate register. Formal probate has more steps than informal probate. If a dispute over the will or appointing a personal representative is likely, formal probate gives more oversight and finality than informal probate. To learn more, read An Overview of Informal Probate and An Overview of Formal Probate.

What is the difference between supervised and unsupervised administration?

Supervised administration involves more steps and limits the power of the personal representative, if one is appointed.

You can ask for supervision at any time and for any part of the proceedings. You can also ask to end supervision at any time. To learn more, read Supervised and Unsupervised Probate Administration.

Who can be the personal representative of an estate?

A personal representative is the person who manages the distribution of a decedent’s property. Michigan law spells out the priority order of who can be appointed as a personal representative. The order is the same for both formal and informal proceedings. The order from highest to lowest priority is:

  • The person named as personal representative in the decedent’s will

  • The decedent’s surviving spouse, if the spouse is a devisee

  • Other devisees of the decedent

  • The decedent’s surviving spouse, if the spouse is not a devisee

  • Other heirs of the decedent who are not devisees

  • A creditor’s nominee (the creditor must wait 42 days after the decedent’s death to nominate someone, and the court must find the nominee suitable)

  • The state or county public administrator (this person must wait 42 days after the decedent’s death, and there must be no known heir or U.S. resident beneficiary entitled to a share of the decedent’s estate)

A person who is named as the personal representative in a valid will has the highest priority. This person cannot transfer this priority to anyone else. However, everyone else can transfer their priority by nominating another person to be the representative. Also, a judge can find the person with the highest priority to be unsuitable and nominate and appoint someone else.

What is a personal representative?

The personal representative is the person who makes sure the property of the estate is distributed according to your wishes. They also pay any final bills you have when you die, usually by using or selling property from the estate.

The personal representative should be someone who is organized and careful enough to complete paperwork and keep the records that the court will need. It should be someone you know to be responsible about making sure that things are done on time. Ideally, the personal representative is also someone who can settle disputes and handle things as you would want. You can choose a trusted friend, a family member or, if the size of your estate justifies the expense, a bank.

Ask the person or institution whether they are willing and/or able to serve. If you are thinking about using a bank, you should ask for an estimate of the bank's fees and for an honest opinion of whether or not the size of your estate justifies that added expense.

The personal representative does not have to be a Michigan resident, but it is much less complicated if they are.

You should also name a second choice for personal representative, in case your first choice isn’t able to do it.

What does a personal representative do?

A personal representative is the person who manages the distribution of a decedent’s property. The powers of the personal representative may be limited depending on whether the estate is being formally probated. Generally, the personal representative must do all of the following:

  • Prepare an inventory

  • Pay the inventory fee

  • Give notice to known creditors and publish a notice for unknown creditors

  • Pay the taxes and file the final tax return for the decedent

  • Pay the bills of the estate and settle claims against the estate

  • Distribute the remaining assets as ordered by the judge

  • File a Notice of Continuing Administration if the estate is open for more than a year

To learn more about the role of a personal representative, read An Overview of Formal Probate and An Overview of Informal Probate.

Questions about Property Included in an Estate

What kind of property is part of an estate?

A decedent leaves property behind. That property needs to be passed on to those who will inherit it. This property could include:

  • Real property (houses and other buildings, land and the things attached to it)

  • Personal property (furniture, cars, and other things not attached to land)

  • Bank accounts

  • Stocks and bonds

  • Debts owed to the person

Some of the decedent’s property is not part of the estate, and is not distributed through the probate court. The estate usually does not include:

  • Jointly owned property

  • Insurance policies

  • Retirement accounts

  • Trusts that are not established by a will

What is jointly owned property?

Jointly owned property is property owned by more than one person. It is generally not included in an estate. An example of jointly owned personal property is a car whose title lists two owners or a joint bank account. If you owned property jointly with the decedent, when they died you automatically became the sole owner of that property, so it is not part of the estate. You may want to take a copy of the decedent’s death certificate to the bank or Secretary of State to remove the decedent’s name from the account or car title.

However, sometimes joint ownership is more complex. If you own real property with the decedent, or if you own any type of property with the decedent and someone else, ownership can be hard to understand after a death. Read the article Jointly Owned Property to learn more about this, or use the Guide to Legal Help to look for lawyers and legal services in your area.

Are there different types of jointly owned property?

Yes. In Michigan, you can jointly own property in four ways:

  • Tenants in common

  • Joint tenants

  • Joint tenants with full rights of survivorship

  • Tenants by the entireties

All four forms of joint property leave the surviving owner with different rights. To learn more, read Jointly Owned Property.

When is it necessary to open an estate for a decedent?

Opening an estate means filing paperwork with the probate court to distribute the decedent’s property. An estate must be opened when:

  • A person dies with certain property (such as a house) in their name only

  • A person dies and owns an insurance policy, but has not made anyone a beneficiary or has made the money payable to the estate

  • A person dies and owns retirement benefits, but has not made anyone a beneficiary or has made the money payable to the estate