Detailed Answer
When someone dies in Michigan, you must file the estate case in the correct county probate court. Michigan’s Estates and Protected Individuals Code (EPIC) sets the rules. Under MCL 700.1301, you generally open or transfer a decedent’s estate in the county where the decedent was domiciled at death. “Domicile” means the home the person intended as their permanent legal residence. See MCL 700.1301 (Statute).
If the decedent owned real estate in a different county, you can also open ancillary proceedings there to handle that property. Under MCL 700.1302, the court may transfer venue to another county if it serves the estate’s interests—such as avoiding undue delay or inconvenience to interested parties. See MCL 700.1302 (Statute).
Steps to determine and secure proper venue:
- Confirm Domicile County: Check the decedent’s driver’s license, voter registration, tax returns or utility bills to pinpoint their legal residence at death.
- Identify Real Property Counties: List any Michigan land the decedent owned. If located outside the domicile county, consider opening an ancillary estate in each of those counties.
- Choose Informal or Formal Probate: Smaller estates (below the statutory threshold) may qualify for informal probate in the domicile county. Larger or contested estates require formal proceedings.
- File the Petition: Prepare and file the petition for probate or transfer in the chosen county’s probate court. Include a venue affidavit stating why the chosen county is proper.
- Request Transfer, If Needed: If all parties prefer a different county (for example, where most heirs live), file a transfer motion under MCL 700.1302 explaining the reasons and obtaining court approval.
Helpful Hints
- Double-Check Domicile Facts: Evidence of intent (mailing address, IRS filings) matters more than where the decedent spent their last days.
- Watch Deadlines: Michigan allows filing up to 30 days after a will is filed—or longer if you explain your delay to the court.
- Consider Ancillary Probate: For out-of-county real property, ancillary probate avoids multiple lawsuits in different counties.
- Use Court Forms: Many Michigan probate courts post venue affidavits and transfer motions online.
- Talk to Probate Staff: Court clerks can confirm local venue rules and required fees.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified probate attorney to address your specific situation.