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Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.

Detailed Answer

When a person passes away, their bank accounts become part of the probate estate under Michigan law (MCL 700.3101). Accessing and withdrawing funds depends on the size of the estate and whether the decedent named a beneficiary or joint owner. Below are steps you can follow:

1. Check for Payable-on-Death or Joint Ownership

If the decedent named a payable-on-death (POD) beneficiary or held the account jointly with rights of survivorship, the bank will typically release funds directly to the surviving party upon presentation of a certified death certificate. No probate is required.

2. Small Estate Affidavit (MCL 700.3701 et seq.)

If the decedent26rsquo;s personal property (including bank accounts) does not exceed $150,000 and there is no ongoing probate proceeding, you may use a Small Estate Affidavit. Follow these steps:

• Download or draft an affidavit in compliance with MCL 700.3701.
• Obtain a certified copy of the death certificate.
• Present the affidavit and death certificate to the bank. The bank must pay out funds up to $150,000 to the person entitled under the affidavit.

This process bypasses formal probate for small estates.

3. Formal Probate Administration

If the estate exceeds the small estate threshold or there is a will, you must open probate in the county Probate Court:

1. File a petition for probate under MCL 700.3101.
2. The court appoints a personal representative (formerly executor or administrator) and issues Letters of Authority.
3. Submit certified Letters of Authority and a death certificate to the bank. Michigan banks will release funds to the personal representative to pay debts and distribute assets according to the will or Michigan26rsquo;s intestacy law.

4. Follow Bank Procedures

Banks may have internal forms or requirements. Always:

• Ask the bank for their fiduciary or probate department procedures.
• Provide certified documents (death certificate, Letters of Authority, or Small Estate Affidavit).
• Keep copies of all submissions and receipts.

Helpful Hints

• Gather multiple certified copies of the death certificate early; banks often keep these on file.
• Prepare an inventory of all bank accounts and their balances before filing any documents.
• Verify if there are beneficiary designations (POD, TOD) that transfer assets outside probate.
• Notify creditors and publish required notices to limit personal liability.
• Consult probate court staff or a probate attorney if the estate involves real estate, disputes, or complex assets.