Detailed Answer
Short answer: Michigan does not use the phrase “probate in common form.” What many other states call that is most similar in Michigan to the state’s informal probate process under the Estates and Protected Individuals Code (EPIC). Informal probate lets a court admit a will and appoint a personal representative without a formal hearing when there is no timely objection and the paperwork shows the requirements are met.
How informal probate in Michigan works (overview)
Under Michigan law, a person who finds the original will files it and a petition with the local probate court to admit the will and appoint a personal representative. If the probate court clerk finds the regular requirements met and no interested person files an objection, the clerk can admit the will and the court can appoint the personal representative without a formal contested hearing. That is the speedy, lower-cost path that most people use when the estate is straightforward and there are no disputes.
The Estates and Protected Individuals Code (EPIC) governs probate in Michigan. For an overview of the statute chapter, see the Michigan Compiled Laws, Chapter 700 (Estates and Protected Individuals):
MCL Chapter 700.
Key practical differences between informal probate and a formal proceeding
- Speed and cost: Informal probate is typically faster and less expensive because it often proceeds through the clerk with no hearing.
- Court oversight: Informal probate involves less routine court supervision. If you expect disputes or complex creditor claims, the extra oversight of a formal proceeding may be safer.
- Contests: If anyone files a timely objection to admitting the will or to the appointment, the case generally converts to a formal proceeding and the court will set a hearing.
- Appointment powers: The court’s appointment of a personal representative (sometimes still called an executor in common language) gives that person authority to collect assets, pay debts, and distribute property according to the will or law.
When informal probate is appropriate
Informal probate is usually appropriate when:
- The decedent left a clear, signed original will;
- Heirs and beneficiaries are known and there is no anticipated contest;
- The estate does not have complex real-estate title disputes, potential creditor litigation, or business assets that require court supervision;
- No interested person is likely to object to admitting the will or to the appointment.
When you should consider formal probate instead
Consider a formal proceeding when the will’s validity might be challenged, beneficiary identity or heirship is unclear, creditors or taxes pose complicated claims, or a will nominates a personal representative who may be unqualified or incapable. If an interested person files an objection in an informal case, the matter converts and a formal hearing is required.
Common steps to begin informal probate in Michigan (typical checklist)
- Locate the original signed will and at least one certified copy of the death certificate.
- Identify likely heirs and beneficiaries and collect basic asset information (bank accounts, real property, life insurance, retirement accounts).
- File a petition to admit the will and for appointment of a personal representative in the probate court in the county where the decedent lived.
- Provide notice as required to interested persons. If no objection is filed within the statutory time, the clerk may admit the will and the court may appoint the personal representative.
- If someone objects, the case proceeds as a formal proceeding with a hearing.
For the controlling statute text and procedural rules, see the EPIC chapter in the Michigan Compiled Laws: MCL Chapter 700 (Estates and Protected Individuals Code). If you need the exact statutory language for petitioning, admission of wills, or appointment procedures, consult the specific sections within that chapter or bring the citation to a probate clerk or attorney.
Hypothetical example
Suppose Jane, a Michigan resident, dies with a signed will naming her friend as personal representative. Jane’s friend files the original will and a petition in the county probate court and serves notice to Jane’s children. No one objects. The court admits the will and appoints the friend as personal representative without a contested hearing. That process functions like what other states call “probate in common form.”
What the personal representative must do after appointment
The personal representative will normally do the following: collect and secure estate assets, notify creditors, pay valid debts and taxes, file any required estate tax returns, inventory estate assets if required or ordered, and distribute the remaining property to the beneficiaries under the will or under intestacy rules. The court’s paperwork and local probate rules explain timing and reporting duties.
Helpful Hints
- Start with the probate court clerk: local clerks can often explain filing steps, required forms, and fee schedules for informal probate.
- Bring the original will: Michigan courts typically require the original signed document to admit a will.
- Obtain several certified death certificates early — banks, insurance companies, and transfer agents usually require them.
- If you expect a dispute (disagreement among heirs, possible undue influence, unclear signer capacity), consult an estate attorney before filing; an attorney can explain whether informal probate is advisable.
- Keep detailed records and copies of notices you serve — good recordkeeping reduces later disputes and helps with required accounting.
- Check whether the will waives bond for the personal representative. A will can direct the court to waive or limit a bond; otherwise the court may require one.
- Consider whether any asset titles transfer outside probate (joint accounts, POD/transfer-on-death designations, life insurance with named beneficiaries); those may pass without probate.
- Remember timelines: if an interested person objects within the statutory period, the informal process will convert to a formal proceeding and require a hearing.
Where to learn more or get help
Read the Michigan probate statutes (EPIC) for the precise rules and definitions: MCL Chapter 700. If you have questions about a specific estate or expect disagreements among heirs or creditors, talk with a probate attorney licensed in Michigan. An attorney can advise you about whether to pursue informal probate, prepare filings, and represent the estate in any contested proceedings.
Disclaimer: This article explains general Michigan probate concepts and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific estate, consult a licensed Michigan attorney or the probate court clerk.