Getting Probate Court Permission to Sell Real Property in Michigan When the Clerk Won’t Explain Filing Requirements

Short answer: Identify whether the estate is supervised or unsupervised and whether a personal representative (executor) already has authority. If the representative lacks authority or no representative is appointed, file the correct probate petition with the probate court (often a Petition for Appointment or a Petition for Authority to Sell Real Property), serve required notices, and obtain a court order signed by a judge. If the clerk won’t explain legal filing requirements, use the court’s written forms and local rules, the Michigan SCAO probate forms, Michigan Legal Help, or hire a probate attorney to prepare and file the petition for you.

Detailed answer — step by step under Michigan law and practical next steps

This guide assumes no prior legal knowledge. It explains how probate sales normally work in Michigan and what to do when court staff won’t give filing instructions. The Estates and Protected Individuals Code (EPIC) governs probate in Michigan (see the Michigan Legislature website for the full text: https://www.legislature.mi.gov). The Michigan Supreme Court Administrative Office (SCAO) maintains official probate forms and local court practice guides: https://courts.michigan.gov/Administration/SCAO/Resources/Forms/Pages/Probate-forms.aspx.

1. Figure out the estate’s status and who has the authority

• Is there a will and an appointed personal representative (PR/executor)? If a PR has been appointed and received Letters of Authority (also called Letters Testamentary or Letters of Authority), check whether the Letters are for a supervised or unsupervised estate. A PR in an unsupervised estate often has more ability to act without prior court permission; a supervised estate usually requires court approval for major acts, including selling real property.
• If no PR is appointed, you usually must open the estate by filing a petition for probate or appointment of a personal representative before asking the court to approve a sale.

2. Decide whether you need court permission to sell

• In many supervised estates, the personal representative needs a court order to sell real estate. Even in unsupervised estates, the PR should check whether the will, Letters, or local court rules limit the PR’s authority to sell real property without a court order.
• If the property is community property, jointly owned with rights of survivorship, or held in a trust, probate court sale may not be necessary. Confirm ownership title before proceeding.

3. If you need court permission: what to file

Typical documents the probate court will expect (local practice varies):

• Petition for Authority to Sell Real Property or a petition that requests the specific relief you need (or a petition to appoint a personal representative if none exists).
• Copy of the decedent’s will (if any) and any Letters of Authority previously issued by the court.
• Legal description of the property and current listing or purchase contract.
• Evidence of the property’s value (appraisal or broker’s price opinion) if the sale price is unusual or lower than market.
• Proposed order for the judge to sign that authorizes the sale and describes the sale terms.
• Notice and proof of service forms showing that heirs and interested persons were notified per court rules.

Exact document titles and filing procedures differ by county. Use the SCAO probate forms page for statewide forms and your local probate court website for local instruction: https://courts.michigan.gov/courts/court-contacts/Pages/Find-a-Court.aspx.

4. Serving notice and hearings

• Michigan court rules and local probate rules require notice to heirs, beneficiaries, and sometimes creditors and devisees. The court will not sign an order authorizing a sale until required notices are given and any waiting period passes.
• If someone objects, the court will schedule a hearing. Be prepared to show why the sale is reasonable and in the estate’s best interests.

5. What to do if the clerk won’t explain procedures

1. Ask for public, written resources only. Clerks may provide forms, filing fees, and filing deadlines but cannot give legal advice. Ask for the court’s published instructions, form names, and a copy of the local probate rules in writing.
2. Look up and download SCAO probate forms and instructions online: https://courts.michigan.gov/Administration/SCAO/Resources/Forms/Pages/Probate-forms.aspx.
3. Use Michigan Legal Help for self-help guides and sample forms: https://michiganlegalhelp.org.
4. Contact the court’s Self-Help Center or case management office. If the clerk is unhelpful, ask to speak with the probate register, court administrator, or the judge’s judicial assistant about procedural questions (not legal advice).
5. If you still cannot proceed, consider asking a probate attorney to prepare and file the petition. A lawyer can also communicate with the clerk and ensure documents meet local requirements.

6. If you can’t get a straight answer and time is critical

• You can file the petition and supporting papers as described above. Filing starts the court process and creates a case record. The court will then set deadlines, require notice, and set a hearing if needed.
• In emergencies (threat of a tax sale, dangerous condition, or urgent carrying costs), you can request an expedited hearing or temporary order; state the emergency in your petition and the proposed order, and ask the court for an immediate hearing. Courts grant emergency relief only for urgent, documented reasons.

7. After you obtain the order

• Have the judge sign the order authorizing the sale. Obtain certified copies if you need to record the order at the county register of deeds.
• Complete any sale steps required by the order (closing, distribution of proceeds, paying liens and expenses), then file an accounting or final report if the court requires one.

Where to find authoritative Michigan resources

• Michigan Supreme Court Administrative Office (SCAO) probate forms and instructions: https://courts.michigan.gov/Administration/SCAO/Resources/Forms/Pages/Probate-forms.aspx
• Michigan Courts — Find your local probate court contact and local rules: https://courts.michigan.gov/courts/court-contacts/Pages/Find-a-Court.aspx
• Michigan Legal Help (free self-help guides and forms): https://michiganlegalhelp.org
• Michigan Legislature (Estates and Protected Individuals Code – EPIC) search page for statutes: https://www.legislature.mi.gov — search for MCL 700.1101 et seq. for the probate statutes.

Helpful Hints

• Start by determining whether the estate is supervised or unsupervised; that determines whether you need a court order.
• Use the SCAO probate forms; forms reduce the risk of technical rejections at filing.
• Prepare a proposed order when you file the petition. Judges often sign a clear, ready-to-enter order faster than they draft one from scratch.
• Always serve notices to heirs and interested persons exactly as local rules require and save proof of service (affidavit of service or certificate of mailing).
• If multiple heirs consent to the sale, submit signed consents with the petition; consent can speed approval and avoid contested hearings.
• Document urgency and costs clearly if you request an expedited hearing (tax sale date, mortgage payments, insurance lapse, property damage risks).
• If you’re unsure, get a local probate lawyer for a limited task: they can draft and file the petition for a single fee or offer a brief consultation.
• Clerks cannot give legal advice, but they must provide access to public forms and filing procedures. If a clerk refuses to give even written procedural information, ask for the court administrator’s contact or check the court’s website for public instructions and filing checklists.

Estimated timeline

Typical non-emergency probate sale with ordinary notice: 4–8 weeks (filing, notice period, and a short hearing if required). Contested matters or supervised estates can take several months.

When to get a lawyer

• If the estate is supervised and the sale is contested.
• If there are complex title, tax, or lien issues on the property.
• If the clerk refuses to provide forms or the court refuses to accept filings without explanation — a lawyer can often clarify local practice and file correctly.

Important: This information explains general probate practice in Michigan and points to official court resources. It is not legal advice. For advice specific to your situation, consult a licensed Michigan probate attorney.