How does probate work in Michigan?
Here's the short answer: probate is the court process that settles someone's estate after they die — validating the will (if there is one), paying debts, and distributing what's left to beneficiaries. It typically takes several months to over a year, depending on the estate.
The general steps
- Filing. A petition is filed with the probate court in the county where the deceased lived, along with the will if one exists.
- Appointment. The court appoints a personal representative (sometimes called an executor) to administer the estate.
- Inventory. The personal representative identifies and values the estate's assets.
- Notice to creditors. Creditors are given a window to make claims against the estate.
- Paying debts and taxes. Valid debts and taxes are paid from estate assets before anything is distributed.
- Distribution. Remaining assets are distributed to beneficiaries according to the will, or Michigan's intestacy law if there isn't one.
Why it takes so long
Even a straightforward estate usually takes several months because of required waiting periods for creditor claims and court scheduling. Estates with disputes, out-of-state property, unclear wills, or hard-to-value assets (like a business) can take considerably longer.
How to avoid it
A properly funded revocable living trust avoids probate entirely for the assets it holds, since those assets pass directly to beneficiaries outside the court process. It's the main reason families choose a trust over a will alone.