Michigan — Securing a Deceased Loved Ones Home and Preventing Siblings from Removing Belongings Before Appointment

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Immediate steps to protect a deceased loved one’s home and belongings in Michigan

This guide explains practical steps you can take right away to secure a decedent’s house and inventory belongings before you are formally appointed as the estate’s personal representative (often called an Administrator). It also explains the legal context under Michigan law and when to involve the probate court or police. This is educational information only and not legal advice.

Understanding the legal context

When someone dies, title to most of their property becomes part of the decedent’s estate. Only a court-appointed personal representative has legal authority to act for the estate in most circumstances. In Michigan, estate administration is governed by the Estates and Protected Individuals Code (EPIC). For more on the probate code, see the Michigan Compiled Laws chapter covering estates: https://www.legislature.mi.gov/mileg.aspx?page=chapter&chapter=700

Until a court issues letters of authority to a personal representative, family members generally lack legal authority to dispose of estate assets. Removing items from the property without authority can lead to civil claims or criminal charges under Michigan law (see Michigan criminal statutes regarding theft and related offenses: https://www.legislature.mi.gov/mileg.aspx?page=chapter&chapter=750).

Detailed answer — what to do now (step-by-step)

  1. Secure the property physically.

    • Change or rekey exterior locks if you can do so without forcing entry or breaking anything. Keep a record of who performed the change and why.
    • Shut off or secure utilities where needed to prevent damage (water, HVAC). Leave easy-access systems like refrigerators running unless instructed otherwise by the funeral home or authorities.
    • Make sure doors and windows are locked and that the property is safe from weather or vandalism. If immediate boarding is required, document the need and retain receipts for costs.
  2. Inventory and document everything now.

    • Take time-stamped photos and video of each room, closets, and visible storage areas. Walk through methodically and narrate what you see on the recording.
    • Create a written list of high-value and sentimental items (jewelry, firearms, cash, important documents, electronics, vehicles, heirlooms). Note serial numbers where possible.
    • Store original important documents (wills, deeds, titles, life insurance policies) in a safe place—ideally a locked safe or bank safe deposit box. If you remove documents, document when and why you took them and who witnessed it.
  3. Protect high-value and at-risk items separately.

    • Consider placing jewelry, cash, small electronics, and important paperwork in a locked safe or with a neutral third party (e.g., bank safe deposit) until the court appoints a representative.
    • Keep a written chain-of-custody log: who moved the item, when, where it was placed, and why. Have witnesses sign the log when possible.
  4. Communicate—calmly and in writing.

    • Tell siblings and other family members what you are doing and why, and ask them to avoid removing items until the probate process starts. Put important instructions by email or text so you have a record.
    • Avoid physical confrontation. If someone insists on taking items, document the action (photos, witnesses) and note names, times, and items taken.
  5. Act quickly to open the probate case.

    • File a petition for appointment of a personal representative with the local probate court as soon as possible. The Michigan courts have probate forms and guidance here: https://courts.michigan.gov/administration/scao/resource/pages/probate-forms.aspx
    • Ask the court clerk about an expedited or informal appointment if immediate authority is needed to protect property. Many counties permit an informal appointment that results in letters of authority for the appointee.
  6. If property is taken or threatened, involve law enforcement.

    • If relatives remove items without permission or you reasonably fear theft, contact local police and provide the photos and inventory you prepared. Removal of property belonging to the decedent may be criminal under Michigan law (see Chapter 750): https://www.legislature.mi.gov/mileg.aspx?page=chapter&chapter=750
    • Ask the police to document the complaint and consider seeking a civil remedy through probate court if criminal charges are not appropriate.
  7. Preserve evidence and receipts of expenses.

    • Keep receipts for costs to secure property (locks, boarding, storage). These may be reimbursable from the estate after you are appointed and have authority.
    • Keep written records of all communications, photographs, witness names, and any transfers or removals of property.

How probate appointment changes authority

Once the court issues letters of authority to a personal representative, that person has the legal authority to collect, inventory, and manage estate assets, pay debts, and distribute property under Michigan’s probate law. The personal representative must inventory estate assets and file required reports with the probate court. For practical guidance on opening a probate estate in Michigan, see Michigan Legal Help: https://michiganlegalhelp.org/self-help-tools/death-and-probate/probate-estate

Practical examples (hypothetical facts)

Example 1: You find the decedent’s will, the house is unlocked, and siblings want to take furniture. You should photograph everything, lock the house, move jewelry/documents to a bank safe if possible, notify siblings in writing to stop removing items, and file with the probate court for appointment as personal representative.

Example 2: A sibling removes a set of expensive watches before you file in probate. You should document the removal with photos and witness statements, contact the police to report possible theft, and include the removal in your probate petition so the court can address the missing items.

Helpful hints

  • Document everything. Photos, videos, and dated notes are your best evidence.
  • Use written communication (email or text) when telling family members what you will do and asking them to refrain from removing items.
  • Secure small valuables and original documents immediately—keep a clear record of where you put them and why.
  • File for appointment with the probate court quickly to obtain legal authority (letters of authority) to manage the estate.
  • Contact local police if someone removes property without permission; brief police reports help later court claims.
  • Keep all receipts and logs for expenses incurred securing the property—these are often reimbursable by the estate after appointment.
  • Consider hiring a probate attorney if family conflict is high or if valuable assets are at risk. An attorney can file motions and request immediate relief from the probate court when necessary.

Where to get forms and court help

Contact the probate court in the county where the decedent lived. Michigan court forms and self-help resources are available from the State Court Administrative Office: https://courts.michigan.gov/administration/scao/resource/pages/probate-forms.aspx

For background on Michigan probate law, see the Estates and Protected Individuals Code (EPIC): https://www.legislature.mi.gov/mileg.aspx?page=chapter&chapter=700

Disclaimer: This information is educational only and not legal advice. Laws change, and your facts may affect which actions are best. For advice tailored to your situation, consult a licensed Michigan attorney or contact the probate court clerk in the county where the decedent lived.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.