The below article is meant for informational purposes regarding the probate process in Michigan. Rockpoint Probate Funding DOES NOT provide funding services for estates based in Michigan.
Losing a loved one is hard enough without legal hurdles. In Michigan, a person’s assets often go through a process called probate before heirs see any inheritance. While it can feel long and technical, probate exists to make sure the right people inherit and that any lingering debts or taxes are settled first. Below is a down-to-earth look at the essentials of probate in Michigan—what happens, how long it might take, and what options exist if you need your inheritance faster.
Why Probate Happens in Michigan
Probate is a court-supervised procedure for confirming someone’s will (if they had one), resolving debts, and transferring remaining property to the correct heirs. If there’s no will, Michigan’s “intestate succession” rules step in, dividing assets among close relatives like spouses or children. While this framework keeps things orderly, it can also lead to months—sometimes a year or more—of waiting for distribution. Large or contested estates can stretch that timeline even further.
Must Every Estate Go Through Probate?
Not always. If a person’s assets fall below certain thresholds (Michigan uses limits such as $15,000 for some simplified processes), or if the deceased arranged accounts and property so they automatically pass to named beneficiaries, probate might not be required. Living trusts and payable-on-death accounts, for instance, often bypass probate. But for most estates above minimal values or lacking direct beneficiary designations, the court must confirm how property changes hands.
No Will? Intestate Succession
When someone in Michigan dies without a will, state law outlines who inherits. Generally, a spouse or children receive priority. If neither exists, parents, siblings, or more distant relatives may inherit. Although it provides a default method, families sometimes find it doesn’t match what the deceased would have chosen. That’s why having a will in place is recommended, especially to minimize confusion or disagreement among heirs.
Key Steps of Michigan Probate
Families typically submit the will (if one is available) to the local probate court, then the judge or court official names an executor (or “personal representative”). This person inventories all assets—real estate, bank accounts, personal items—then notifies creditors, pays off any legitimate debts, and files the necessary tax returns. Once debts and taxes are handled, the executor distributes whatever is left to heirs, either according to the will or state law. Finally, the court reviews the executor’s actions before closing the estate.
Handling Debts and Taxes
One major responsibility is addressing outstanding bills or taxes. If the estate lacks sufficient cash to cover everything, the executor may have to sell certain property. This step ensures creditors are paid in the correct order. While Michigan no longer imposes its own estate or inheritance tax, some larger estates might still owe federal taxes depending on overall value.
Facing Delays and Financial Needs
Because probate can last from a few months to well over a year, beneficiaries often can’t access their inheritance right away. Funeral expenses or mortgage payments may become urgent, leading some heirs to explore inheritance advances (also called probate loans). If approved, these advances provide funds sooner, with the repayment taken from the final estate distribution once the process wraps up. Rockpoint Probate Funding offers such cash advances in many states, though not currently for Michigan-based estates. If your family’s estate is located in a neighboring state, you might qualify. For more details, call (888) 263-8588.
In Summary
Michigan’s probate laws help ensure a fair transfer of assets and prevent fraud, but the timeline often tests the patience of heirs. Smaller estates or assets with direct beneficiary designations sometimes escape full probate, while larger or more complex estates demand meticulous court oversight. By knowing how the procedure unfolds, families can prepare for steps like filing paperwork, listing assets, and paying debts. And for those needing money sooner, alternatives like an inheritance advance (where applicable) can ease immediate financial strain during a demanding time.
