Detailed Answer — how the process works in Michigan

When someone dies without a valid will, they die “intestate.” Intestate succession rules determine who inherits. But an estate only needs formal probate administration if assets are considered probate assets — generally those titled solely in the decedent’s name and lacking beneficiary designations or surviving co-owners.

What probate is and why it matters

Probate is the court-supervised process that identifies the decedent’s assets, pays debts and taxes, and distributes the remaining property to heirs. In Michigan, probate and intestate succession are governed by the Estates and Protected Individuals Code (EPIC). For the statutory framework, see the Michigan Legislature’s EPIC provisions: MCL 700.1101 et seq.

When probate administration is usually NOT required

• Assets with valid beneficiary designations — for example, life insurance, retirement accounts, and pay-on-death or transfer-on-death accounts — pass directly to the named beneficiary and typically avoid probate.
• Jointly owned property with rights of survivorship (joint tenancy or tenancy by the entirety) usually passes automatically to the surviving owner.
• Property held in a properly funded revocable or irrevocable trust avoids probate and passes under trust terms.
• Some personal property can be collected without formal probate under Michigan’s small estate or affidavit procedures (see court or statute guidance for current rules).

When probate administration IS usually required

Probate is typically required when the decedent owned assets solely in their name without beneficiary designations or joint owners, and those assets exceed any amounts allowed under Michigan’s summary or small-estate procedures. Real property titled only in the decedent’s name, bank accounts without payable-on-death designations, and other individually held assets commonly require probate to transfer title.

Types of probate in Michigan

Michigan generally provides informal (expedited) and formal probate procedures. Informal probate may be used when heirs agree on the personal representative and there are no disputes. Formal probate goes to court hearing and is used when disputes or complexities exist. If no will exists, probate is called intestate administration and the court will appoint a personal representative (formerly called an administrator) and apply the statutory rules for distribution to heirs.

Steps to determine whether probate is necessary

1. Gather documents: death certificate, bank and investment statements, deed and title documents, life insurance and retirement account forms, vehicle titles, and any trust documents.
2. Check title and beneficiary information for each asset. If an account has a beneficiary or the property is jointly owned with survivorship rights, it likely avoids probate.
3. Check whether Michigan’s small-estate or affidavit procedures apply (these allow collection of certain low-value estates without appointment of a personal representative).
4. If assets appear to be probate assets, contact the local probate court or an attorney to learn whether to open an informal or formal probate case and how to petition for appointment.

How heirs are determined when there is no will

Under Michigan’s intestacy rules, the state law sets the order of heirs (spouse, children, parents, siblings, etc.). A court or the appointed personal representative applies those rules to distribute probate assets. See EPIC for the rules that govern intestate distribution: MCL 700.1101 et seq.

Practical example (hypothetical)

Imagine Jane Doe dies without a will. She owned a house solely in her name, a bank account with no payable-on-death beneficiary, a 401(k) listing her sister as beneficiary, and a car jointly titled with her spouse. In that situation: the house and bank account are probate assets and likely require probate administration; the 401(k) would pass to the designated sister outside probate; the car would pass automatically to the surviving joint owner. The estate representative would seek appointment from the probate court to handle the house and bank account, pay debts, and distribute remaining probate property under Michigan’s intestacy rules.

Where to find Michigan law and court forms

Michigan’s Estates and Protected Individuals Code (EPIC) contains the statutes on intestacy, probate administration, and related procedures. Start with the EPIC statutes: MCL 700.1101 et seq. (EPIC). For procedural forms and local rules, consult the Michigan Probate Courts pages or your county’s probate court website.

Important: Statutes, procedures, and monetary thresholds change. Always verify current rules with the probate court or a qualified attorney.

Disclaimer: This is general information only and not legal advice. For advice about a specific situation, contact a licensed Michigan probate attorney or the probate court.

Helpful Hints

• Start by locating the death certificate and all asset records. Title and beneficiary designations determine whether probate is needed.
• Check retirement accounts and life insurance beneficiary forms first — they often pass outside probate.
• If you believe the estate is small, ask the probate court clerk about summary or affidavit procedures that let heirs collect property without full probate.
• Keep a careful inventory of assets and debts before filing anything with the court.
• If multiple heirs disagree about distribution, or if creditors or taxes are involved, consider hiring a probate attorney to avoid mistakes and delays.
• Contact the county probate court where the decedent lived for local filing requirements and forms.
• When in doubt, consult a Michigan-licensed probate attorney — statutes and court practice determine the best path forward.