Detailed Answer: Proving a Zero Balance and Closing a Spouse’s Estate in Michigan

Short answer: To close a spouse’s probate estate in Michigan and obtain a court order showing a zero balance, you must (1) confirm whether probate administration is required, (2) assemble and file a complete final accounting or an appropriate affidavit if the estate qualifies for summary or no-probate procedures, (3) give required notices to interested persons and creditors, (4) provide supporting evidence (receipts, canceled checks, releases), and (5) file a petition asking the probate court to approve the final account and discharge the personal representative. The court will enter an order closing the estate and discharging the personal representative once it is satisfied the estate is settled and the account shows a zero balance.

This is an informational overview, not legal advice. Consult a licensed Michigan probate attorney to apply these steps to your specific situation.

1. Confirm whether probate administration is required

Not every death requires a full probate. If the deceased spouse’s assets passed automatically (joint tenancy, beneficiary designations, living trusts) and there are no unresolved creditor or title issues, you may not need formal probate. If a probate estate was opened and you are the personal representative, you will normally need to file a final account and a petition to close the estate.

For the legal rules that govern probate procedure in Michigan, see the Estates and Protected Individuals Code (EPIC), Chapter 700: MCL Chapter 700 (EPIC).

2. Gather the documents the court will expect

To prove the estate has a zero balance and to obtain a discharge you should collect and organize:

• Letters of authority (letters testamentary or letters of authority) showing you are the appointed personal representative, if probate was opened.
• An inventory or list of all estate assets (bank accounts, real estate, personal property) and their disposition.
• All bank statements showing the account balances at opening and closing, cancelled checks, receipts, and deposit records proving money came in and went out.
• Proof that debts and taxes were paid, or documentation showing there were no unpaid debts when the estate was administered.
• Copies of notices given to creditors and proof of publication or mailing, when required.
• Signed receipts and releases from beneficiaries showing distribution of assets.
• A proposed final accounting and a proposed order closing the estate and discharging the personal representative.

3. Prepare and file the final accounting or appropriate affidavit

Typical filings depend on whether the estate was formally administered:

• If there was formal probate and you are the personal representative, prepare a final account (a statement of receipts, disbursements, fees and charges, and distributions) and file a Petition for Allowance of Account and Discharge (or similarly named pleading) with the probate court where the estate was opened. Attach the supporting documents listed above.
• If the estate qualifies for a summary or small-estate procedure under Michigan law, you may be able to file a limited affidavit or summary petition asking the court to close the estate without a full accounting. (Whether such a procedure applies depends on the estate’s assets and the court’s rules.)

Michigan probate rules and practice are part of Chapter 700 of the Michigan Compiled Laws: MCL Chapter 700 (EPIC). For court forms and local filing requirements, see the Michigan courts probate forms page: Michigan Courts — Probate Forms.

4. Notify interested persons and creditors

The probate court will expect proper notice to interested persons (heirs, beneficiaries) and often to creditors. Typical steps include:

• Mail written notice to heirs and beneficiaries listed in the file.
• Publish or mail creditor notice if required by the court or by statute, and keep proof of service/publication.
• Respond to any claims in the estate before seeking final distribution and discharge.

5. Serve and file the petition and wait for the court hearing

Once you file the final account and petition for allowance and discharge:

• The court clerk will set a hearing or allow the petition to be decided on the papers, depending on local practice and whether anyone objects.
• If someone objects, the court will hold a hearing where you present proof that assets were properly handled and that distributions match the account.
• If nobody objects and the account is complete, the judge normally signs an order allowing the account, approving distributions, and discharging the personal representative.

6. Obtain the court order, close accounts, and preserve records

After the court signs an order closing the estate and discharging the personal representative:

• File certified copies of the order where necessary (for example, with banks or title companies) to clear any remaining holds or transfer records.
• Keep the estate records (accounting, receipts, releases, orders) organized and retained for several years in case of later claims or audits.

Common supporting documents the court expects

• Final accounting (detailed receipts and disbursements).
• Inventory or affidavit of assets and their disposition.
• Proof of payment to creditors and proof of any tax filings/clearances.
• Signed receipts and releases from beneficiaries.
• Proof of required notices (mailing and publication certificates).

Practical example (hypothetical facts)

Suppose your spouse died and left a checking account in the spouse’s name only, total estate assets were $8,000, there were no known creditors, and you were appointed personal representative. You would:

1. Open the probate file and get letters of authority (if not already done).
2. Inventory the single account and show that you used the funds to pay funeral expenses and then distributed the remainder to the beneficiaries per the will or intestacy rules, keeping bank statements and cancelled checks as proof.
3. File a final accounting showing beginning balance, all receipts/disbursements, and an ending balance of $0, attach receipts and beneficiary releases, and file a petition asking the court to approve the account and discharge you.
4. Give notice to interested persons and file proof of notice with the court.
5. Attend the hearing (if required). The court signs an order approving the account and discharging you once satisfied.

Where to find Michigan statutes and forms

Primary statute: Michigan’s Estates and Protected Individuals Code (EPIC), Chapter 700: https://www.legislature.mi.gov/mileg.aspx?page=chapter&chapter=700

Probate forms and instructions from the courts: https://courts.michigan.gov/administration/scao/forms/pages/probate-forms.aspx

Helpful Hints

• Start by locating the death certificate, will (if any), and any letters of authority.
• Keep a single organized folder (physical or digital) with bank statements, receipts, cancelled checks, and all communications about the estate.
• Obtain signed receipts or releases from beneficiaries when you distribute funds—these are strong evidence the beneficiaries accepted distribution and waive future claims.
• Document each creditor payment with a copy of the claim, the check, and the canceled check or bank record showing payment.
• File the accounting and petition with the probate court even if no one objects—this creates a formal court record of the estate’s closure and your discharge as personal representative.
• If the estate is small or assets pass outside probate, ask the court clerk about summary or affidavit procedures—this can save time and cost.
• When in doubt about notices, deadlines, or contested claims, talk to a licensed probate attorney in Michigan. A short consultation can prevent costly mistakes.

Final note / Disclaimer: This article explains general Michigan probate steps and points you to Chapter 700 of the Michigan Compiled Laws for the governing statutes. It does not provide legal advice. For advice tailored to your situation, contact a licensed Michigan probate attorney.