How Long Does Probate Take in Michigan?

No matter what your role is, chances are you’re eager to move past the probate process as quickly as possible after a loved one dies.

The death of a loved one can place a stressful burden on family members, particularly those tasked with planning a visitation and funeral, cataloging everything your loved one owned, settling debts, disbursing assets, and finally winding down the estate. It’s a lot of responsibility for someone already grappling with the sadness and grief of losing someone important to them.

Unfortunately, probate is a lengthy legal process that takes more time than most people expect. Generally speaking, the Michigan probate process takes at least 7 months, and often longer for more complex estate administration.

One way to speed up the process is to hire an experienced probate attorney to help simplify the complex and frustrating legal procedures. CBH Attorneys and Counselors will compassionately guide you through probate in Michigan, as you mourn the loss of your loved one.

The Steps for Probate in Michigan

Michigan laws dictate the steps for probate, or estate administration, as a means of distributing the deceased person’s assets and paying off any debts.

Select a Personal Representative

The decedent may name a personal representative in their will, such as family members or the surviving spouse. In some cases that person chooses not to fulfill the fiduciary duties towards the estate, or the decedent dies intestate (no will exists). The probate court is then responsible for appointing a personal representative to manage and distribute the decedent’s estate.

Inventory of Assets

The personal representative must identify and inventory all estate assets. In this situation, “estate” does not necessarily refer to real estate—the deceased’s assets may include bank accounts, retirement accounts, vehicles, jewelry and other assets.

The decedent’s assets must be assigned a value, which may require third party appraisal, in order to calculate the full value of the estate property. This can determine whether probate court proceedings are necessary to distribute the estate.

Settle the Decedent’s Debts

The personal representative is responsible for making sure any debts owed by the deceased person are paid. In addition, any estate taxes that are due must be filed and paid before moving to the next step.

Distribute the Estate Assets

The final step in probate administration is to distribute the assets, either according to the decedent’s last will and testament, or according to Michigan law for intestate succession. After that, the personal representative can file the appropriate documents with the probate court to close the estate.

Factors that Delay the Probate Process

There are many factors that influence the length of the probate process. In particular, if probate litigation is required, we would strongly advise you to seek the counsel of an attorney rather than face the probate judge on your own.

The most common probate delays are caused by the following:

• Formal Probate: Formal probate can be either a court-supervised process that takes place in front of a probate judge, or an unsupervised probate which does not require court approval. Formal probate makes sense for more complex estates or when there is disagreement regarding the will, because there are more legal safeguards. However, it does usually take more time than informal probate.
• Will Contests: An interested party can contest the will, which means they question its validity, and the estate can be forced into probate litigation until the contest is resolved.
• Size of the Estate: Larger and more complex estates take additional time for almost every step of the probate process.
• Intestate Succession: If the decedent did not have a will, then the estate must be distributed according to Michigan probate laws.
• Estate debts: If there is any dispute over the amount or liability of a debt, it will increase the time to complete probate.
• Estate taxes: Michigan does not have an estate tax law, but estates in Michigan are required to comply with federal tax laws. Estates that meet the size threshold are required to prepare and file a federal tax return. This is often a time-consuming process.
• Out-of-State Property: Known as ancillary probate, probate for property that was owned solely by the decedent outside of the state of Michigan increases the length of the probate process.

Small, simple estates are generally the quickest to resolve, but that is not guaranteed. A creditor or heir may bring the estate into dispute and greatly increase the time it takes to settle the estate.

How to Avoid Probate According to Michigan Law

If your loved one has passed away without any estate planning, it is unlikely that you will be able to avoid probate. To keep the estate out of probate courts, the deceased person must have made a plan for their assets ahead of their passing.

Probate in Michigan can be avoided if the assets are jointly owned, if the assets have designated beneficiaries, or if the assets are held in a living trust. A will can help avoid probate, but it isn’t a guarantee—particularly if any family members contest the estate.

Additionally, Michigan law does have a provision for “small estates,” which means an estate valued at less than $27,000 in 2023. A small estate may only take a few months to distribute via simplified probate, and may not require probate court.

RELATED: Why Is Estate Planning Important?

CBH Attorneys & Counselors Can Help Simplify the Probate Process for You

At CBH Attorneys, we understand that the mourning period can be a very difficult time, and the added stress from probate can make things even worse. If you are the surviving spouse of the breadwinner, you may be wondering how you make ends meet until the estate is settled. Funeral and burial costs are often higher than expected. A probate-required estate may not just be stressful—it may threaten your livelihood.

We’d like to ease your burden. With an experienced probate attorney on your side, you can delegate the confusing and frustrating probate process to us. We can guide you through each step and help you avoid the pitfalls that increase the time to settle probate.

If you have any questions about estate probate, or if you’d like to know more about how we can help, we offer a free consultation. Simply fill out this form or call us at (616) 608-3061 to schedule a no-obligations conversation with one of our knowledgeable estate attorneys.

We can also help you with your own estate planning, to ease the burden on your heirs and protect your legacy for future generations.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.