Do I need to include assets that passed by right of survivorship to my mother on the inventory?

Short answer: In Michigan, assets that pass automatically by right of survivorship (for example, joint tenancy or a beneficiary/transfer-on-death designation) generally pass outside probate and normally do not belong on the estate inventory filed for the probate estate. However, there are important exceptions and practical steps you should follow to avoid errors or disputes.

Detailed answer — how Michigan law treats right-of-survivorship assets

When someone dies, not all of the decedent’s property becomes part of the probate estate. Michigan law and practice distinguish between probate assets (property owned solely by the decedent at death) and nonprobate or transferrable-by-operation-of-law assets (property that passes directly to another person because of the way title or beneficiary designations were held).

Common nonprobate means of transfer include:

• Joint tenancy with right of survivorship or tenancy by the entirety (often used for married couples).
• Payable-on-death (POD) and transfer-on-death (TOD) account or security designations.
• Designated beneficiaries on retirement accounts or life insurance policies.

Because these transfers occur by operation of law at the moment of death, the asset usually does not become property of the probate estate and is therefore not part of the inventory that a personal representative files for the probate estate.

Michigan’s probate system requires the personal representative to identify and account for probate assets and to file an inventory of estate property that the estate controls. The practical result: if title to the asset passed immediately to your mother by survivorship or beneficiary designation, you generally do not include it as an asset of the probate estate.

When you should still disclose or list survivorship assets

Even though survivorship assets often are nonprobate, you should consider disclosing them to the probate court or listing them on a separate schedule in these situations:

• There is any dispute about ownership (for example, the joint account was set up to avoid creditors or the joint title was created shortly before death).
• The decedent retained some personal interest (for instance, a contribution to the account or a right to reimbursement may create an estate claim).
• The probate court form or local practice explicitly asks you to disclose known nonprobate transfers.
• Creditors might have claims that could reach the asset, or the estate might have a claim against the surviving joint owner (for reimbursement or return of estate funds).
• You are required by the court’s inventory instructions or local probate rules to list known transfers for transparency.

Practical examples (hypothetical)

Example A — Joint bank account with right of survivorship: The bank account was titled jointly in the decedent’s name and the mother’s name with right of survivorship. The bank transfers the balance to the mother when presented with the death certificate. That balance is usually not reported as a probate asset.

Example B — Joint account that the decedent funded almost entirely and the surviving joint owner used funds for their own benefit: The estate may have a reimbursement claim. In that case, note the account on the probate papers and consult an attorney about whether to include it on the inventory or as an attachment describing the possible claim.

Forms, deadlines and court guidance

Probate forms and deadlines vary by county and by the court’s instructions. Michigan provides probate forms and instructions through the Michigan Courts website. If you are a personal representative, follow the inventory filing rules and deadlines for your county’s probate court.

For the governing statutes and the statutory framework for estates in Michigan, see the Estates and Protected Individuals Code (MCL 700.1101 et seq.). You can read the Michigan statutes and search the code at the Michigan Legislature website: https://www.legislature.mi.gov/. For court forms and instructions about inventories and probate procedures, see the Michigan Courts probate forms page: https://courts.michigan.gov/Administration/SCAO/Pages/Probate-Forms.aspx.

How to proceed — step-by-step checklist

1. Confirm the transfer method. Get account titles, deeds, beneficiary designations and the decedent’s statements.
2. Check whether the asset has already been transferred to the survivor (often the bank or title company will require a death certificate and will retitle the asset).
3. If title passed automatically and no estate interest exists, you generally do not list it as a probate asset. Still make a note in your file of the account/deed, the method of transfer, and any paperwork you used.
4. If the estate could have a claim related to the asset (reimbursement, fraud, or contribution), disclose the asset and describe the potential claim on the inventory or in an attachment to the inventory and ask the court or an attorney how to proceed.
5. If local probate forms ask you to list known nonprobate transfers, complete that section or attach a schedule explaining each such asset and why you believe it passed outside probate.
6. When in doubt, contact the probate court clerk for form guidance and consult a probate attorney if title or ownership is unclear.

Helpful Hints

• Keep copies of deeds, account statements, beneficiary designations, and the death certificate in one file.
• Don’t assume a joint name always means joint ownership with right of survivorship—read the account contract or deed language.
• If a bank or institution has already transferred funds to the survivor, get documentation of that transfer before you decide whether to list it on the inventory.
• If you suspect the decedent added a joint owner specifically to defeat creditors or the will, disclose this to the court—such transfers may be challenged.
• Local court clerks can tell you whether their inventory form requires listing nonprobate transfers; practices differ by county.

When to consult an attorney

Talk to a probate attorney if you face any uncertainty about ownership, if creditors are asserting claims that might reach survivorship property, or if family members dispute whether an asset left the estate. An attorney can help you decide whether to list the asset, attach an explanatory schedule, or pursue or defend a claim.

Disclaimer: This article explains general Michigan law principles and is for educational purposes only. It is not legal advice. For advice tailored to your situation, consult a licensed Michigan attorney or contact the probate court in the county where the estate is being administered.