Detailed answer — step-by-step under Michigan law

1) Confirm which will (if any) controls

Start by determining whether the decedent left a later valid will. Michigan follows standard will-validation rules: the most recently executed valid will controls. If a later will exists, the earlier will is revoked to the extent it conflicts with the later will. If the decedent made no valid later will, the last valid will governs distribution of probate assets. If the will does not dispose of a particular asset (for example, it was written before the decedent acquired the property), that asset may pass by intestacy rules.

For an overview of Michigan’s probate statutes and the Estates and Protected Individuals Code (EPIC), see: MCL Chapter 700 (EPIC).

2) Open probate or confirm an existing probate case

To act for the estate you must normally be appointed by the probate court as the personal representative. If someone already opened probate and a personal representative is appointed, review the court file to confirm the scope of authority. If probate has not been opened, a beneficiary, heir, or other interested person should petition the probate court to open the estate and appoint a personal representative.

3) Identify how the property is titled

Check the deed and public records. If the property was held solely in the decedent’s name, it is probate property. If the property passed automatically (for example, joint tenancy with right of survivorship, transfer-on-death deed, or trust ownership), it may not be part of probate and the personal representative may not need to act to transfer title. Get a title search early.

4) Powers of the personal representative to sell

Under Michigan probate practice, the personal representative has broad powers to preserve and manage estate property. Those powers may include selling real property when necessary to pay debts, expenses, taxes, or to distribute proceeds to beneficiaries. However, whether sales may proceed without a separate court order depends on the estate’s circumstances, the will’s terms, and any limits placed by the court when appointing the personal representative.

If the personal representative’s letters (the court’s appointment document) explicitly grant sale authority, or the probate statutes give implied authority for ordinary administration, a separate sale order may not be required. Many title companies and lenders still will insist on a probate court order authorizing sale or a certified copy of the personal representative’s Letters Testamentary/Letters of Authority showing sale power. When in doubt, obtain a court order authorizing the sale to give buyers and lenders a clear record.

5) Typical court route to authority to sell (when needed)

1. File a petition or motion with the probate court asking for an order authorizing the sale of real property. Identify the buyer, or ask for authority to sell at market terms if buyer unknown.
2. Provide notice to beneficiaries, heirs, and other interested parties per Michigan probate notice rules so they can object or consent.
3. If objections arise, the court may hold a hearing. If there are no objections, the court may enter an order approving the sale and the terms.
4. Use the court order and certified Letters as the documents to present to the title company and closing agent to complete the sale and transfer title.

Probate procedures, notice requirements, and filing forms vary by county. Helpful probate forms and local instructions are available from the Michigan courts: Michigan Probate Court Forms.

6) What happens if the will is “outdated” (e.g., it doesn’t mention the property)?

If the will is silent about a particular asset acquired after the will was signed, that asset usually becomes part of the probate estate and passes under the will’s residuary clause (if any) or by intestacy to heirs. If the will’s provisions produce ambiguity or an omission, you may need the court to interpret the will and clarify who has rights to the property before selling. If the will devises residue to a named beneficiary, the sale proceeds typically belong to that beneficiary after debts and expenses are paid.

7) Practical title and closing considerations

• Buyers and lenders commonly require either a certified copy of Letters Testamentary/Letters of Authority or a specific court order authorizing the sale. Obtain these documents from the probate clerk.
• Title companies often require an up-to-date probate docket and proof that the personal representative has authority to sign the deed and convey marketable title.
• If the estate lacks cash to pay closing costs, the court may authorize interim sale to provide funds for administration expenses and creditor claims.

8) Small estate shortcuts (when applicable)

Michigan law provides limited, simplified procedures for transferring small estates (for example, affidavits for personal property or simplified procedures for real property under certain thresholds). Whether these apply depends on the estate’s value and the asset type. Check the probate court’s small estate rules or consult the court clerk.

9) When to involve counsel

Consider hiring a probate attorney if any of the following are true: the will’s effect is unclear; beneficiaries or heirs may dispute the administration; title companies or lenders demand a specific court order; the estate holds significant real property; or tax issues may arise. An attorney can prepare petitions, handle hearings, and coordinate closing documents so the sale meets legal and title requirements.

Key Michigan statutory resources

General statutory guidance for Michigan probate matters is in the Estates and Protected Individuals Code (EPIC), Chapter 700 of the Michigan Compiled Laws. See: MCL Chapter 700 (EPIC). For court forms and procedural guidance, see the Michigan Courts probate forms page: Michigan Probate Court Forms.

Helpful Hints

• Do not attempt to convey or sell property titled only in the decedent’s name without letters or a court order — buyers and title companies usually won’t accept an unsigned deed.
• Get a certified copy of the Letters Testamentary/Letters of Authority from the probate court early. It is the document that proves your authority to act for the estate.
• Obtain a current title search before marketing property. The title search will identify encumbrances and show whether the property is probate property.
• Give proper notice to beneficiaries, heirs and known creditors—Michigan law requires notice for many probate actions. Failure to notify may delay or invalidate sales.
• If a will is ambiguous or doesn’t mention a new asset, ask the court to construe the will or rule on whether the asset is part of the probate estate before selling.
• Talk to the buyer’s title company early to learn what documents they will require; meeting their requirements avoids last-minute problems at closing.
• Keep a full record of estate transactions and receipts to protect the personal representative from later disputes about accounting or distribution.
• When multiple heirs exist, consider mediation or written consent from heirs to reduce the risk of objections and delays in court.