Detailed Answer: Opening a Michigan Probate When You Live Out of State

If your sibling died and their estate must be probated in Michigan while you live in another state, you can still start and complete the Michigan probate process. This article explains the steps, practical considerations, and Michigan statutes that commonly apply. It is written to help a person with no legal background understand what to expect. This is not legal advice.

1. Confirm where to open probate

The first key question is whether Michigan is the correct place to open probate.

• If your sibling was domiciled (their permanent home) in Michigan when they died, you must open probate in the probate court of the Michigan county where they lived.
• If your sibling was domiciled in another state but owned real estate or certain tangible property located in Michigan, you may need to open an ancillary probate in the Michigan county where that property is located.

Michigan law assigns venue and jurisdiction of probate matters to county probate courts. See the Estates and Protected Individuals Code (EPIC), which governs probate in Michigan.

2. Decide whether probate is necessary

Not every death requires a probate proceeding. Probate may be needed if the decedent owned assets solely in their name (bank accounts, investment accounts, real estate, vehicles) without transfer-on-death designations, payable-on-death beneficiaries, joint owners, or a living trust. Small estates and accounts with beneficiary designations may avoid probate.

3. Gather documents you will need

• Certified death certificate (multiple copies).
• The original will, if there is one.
• List of assets and approximate values (bank statements, deeds, vehicle titles, account numbers).
• Contact information for heirs, beneficiaries, and creditors (if known).

4. Filing the probate petition

To begin probate in Michigan, file a petition or application with the probate court in the proper county. If there is a will, you generally file the original will and a petition for probate of the will and appointment of a personal representative. If there is no will, you petition for appointment of an administrator. The court will provide local forms and instructions.

The court will review the petition, accept the will (if valid), and identify the person who should be appointed as personal representative under Michigan’s priority rules for appointment.

5. Who can serve as personal representative if you live out of state?

Michigan courts routinely appoint out-of-state personal representatives (executors/administrators). Key practical points:

• The court considers statutory priority when appointing a personal representative (often a named executor under the will or next-of-kin when there is no will).
• A nonresident personal representative may have additional procedural requirements. The court can require a registered agent for service or an agent for the estate; it can also require a bond unless the will waives bond or all heirs agree to waive it.
• Many out-of-state personal representatives retain a local Michigan probate attorney to file documents, appear for hearings, obtain letters of authority, and accept service on their behalf.

6. Notice, bond, and letters of authority

After you file, the court typically requires notice to interested persons (heirs, beneficiaries). The court will decide whether a surety bond is required. If the court appoints you as personal representative, it will issue letters testamentary or letters of authority. Those letters let banks, title companies, and others know you have authority to handle the estate.

7. Remote and practical options for out-of-state personal representatives

• Hire a Michigan probate attorney to prepare and file the petition, appear at hearings, and handle local matters. This is the fastest practical route for many out-of-state personal representatives.
• Some Michigan courts allow or accept filings and sworn statements by mail, email, or remote appearance. Confirm local court procedures in advance.
• If you must sign sworn documents in Michigan, a notary in your state can notarize documents for filing in Michigan. The Michigan court will accept out-of-state notarization for many estate filings.

8. Ancillary probate (if the decedent lived elsewhere)

If your sibling was domiciled outside Michigan but owned Michigan real estate or titled property, you may need to open an ancillary probate in Michigan to transfer that Michigan property. In that case, the primary probate will be in the decedent’s domicile state and the Michigan filing will be limited to Michigan assets.

Useful Michigan statutes and court resources

The Estates and Protected Individuals Code (EPIC) contains the primary probate rules for Michigan courts. For background and specific statutory language you may consult the Michigan Legislature’s website for these provisions (for example, the EPIC general chapter and sections on appointment of personal representatives, probate venue, and letters of authority):

• Michigan Legislature (EPIC – Estates and Protected Individuals Code): https://www.legislature.mi.gov

For local procedures and probate forms, check the website of the probate court of the county where the decedent lived or where the property is located. Michigan trial court websites also publish probate forms and local instructions.

When to hire a Michigan attorney

Consider hiring a Michigan probate attorney if any of the following apply:

• The estate owns Michigan real estate or complex assets.
• There is disagreement among heirs or potential will contests.
• The estate will require handling of tax issues, creditors’ claims, or business interests.
• You prefer someone local to appear in court and handle filings on your behalf.

Helpful Hints

• Start by ordering several certified copies of the death certificate—institutions commonly require them.
• Locate the original will before filing. The original will is usually required when you petition probate.
• Call the probate clerk in the correct Michigan county before filing. Clerks can explain local filing requirements, fees, and whether they accept mail-in or electronic filings.
• If you are named executor in the will, bring proof of identity and your contact information for the court filing.
• Ask whether the will contains a waiver of bond; that may remove the need to purchase a surety bond.
• If you cannot travel, hire a local attorney to act on your behalf and to accept service or appear remotely for you.
• Keep an organized list of assets, account numbers, titles, and beneficiary designations to speed estate administration.

Disclaimer: This article explains general Michigan probate concepts and is for educational purposes only. It does not create an attorney-client relationship and does not constitute legal advice. For advice about your specific situation, contact a licensed Michigan attorney who practices probate law.