After a person dies, their estate goes through probate as the state administers their assets. Most estates in Michigan have to go through probate, although there are a few exceptions. If you are currently planning your will, it’s important to know how probate works and what options are available for Michigan residents. You can talk to a probate administration attorney if you have more questions about probate in Michigan.
Which Assets Go Through Probate?
As a general rule, the only assets that have to go through probate are those that the deceased owns solely in their name. Any asset that the deceased shares jointly with someone else or that has a beneficiary designation can go directly to named beneficiaries without going through probate. Assets that are commonly excluded from probate include:
- Property held in a trust and removed from the estate
- Life insurance with named beneficiaries
- Retirement accounts with named beneficiaries
- Bank accounts and vehicles owned jointly
- Property the deceased held jointly with another
- Certain household items, like furniture, automobiles, and personal effects, up to $10,000
How Much Does Probate Cost in Michigan?
The cost of probate can vary significantly, depending on the size and complexity of the estate, the presence of a will, and whether or not there is legal conflict. Probate costs in Michigan typically include:
- Executor’s or administrator’s fee
- Attorney fees
- Appraisal fees to determine asset value
- Court costs
- Litigation costs (for will contests)
Michigan doesn’t have an estate tax, but estates over a certain value may be subject to federal estate taxes. It is important to note that estate taxes are not related to probate and must be paid regardless of the specifics of the probate process.
Simplified Probate for Small Estates in Michigan
The majority of estates in Michigan have to go through probate. However, there are some exceptions for estates with a small value. If the entire estate is valued at $51,000 (as of 2025) or less and doesn’t contain any real estate, it can go through a simplified probate process.
With a small estate, survivors can fill out an affidavit to claim property. The affidavit contains information about the deceased person and the property that is worth less than $51,000. Survivors have to wait at least 28 days after the deceased’s death to file for simplified probate. A small estate affidavit is a legally binding document, so if someone lies by undervaluing the estate, they could face criminal penalties for perjury.
How Can I Streamline Probate?
Below are some ways you can streamline the probate process and reduce costs, ensuring more of your estate goes to beneficiaries.
- Revocable and irrevocable trusts can remove assets from your estate, allowing them to avoid probate.
- You can transfer some assets before death in the form of tax-free gifts to remove them from your estate.
- Periodically update your beneficiary designation so it doesn’t become outdated or obsolete.
- Assets subject to joint ownership (e.g., homes, stocks, vehicles, etc.) may pass directly to co-owners without going through probate.
- Consult with an estate planning attorney to ensure your will is current and includes all the assets in your estate.
Estate Planning Attorneys in Michigan
The right attorney can help streamline the probate process and reduce costs. Creighton McLean & Shea PLC has been helping Michigan residents plan for life’s unexpected twists and turns for over eight decades. We can help you find peace of mind knowing your heirs and legacy are protected. Contact our offices online or call today for a case consultation with an estate planning attorney in Michigan.
