Settling a Michigan Estate and Handling Property in Another State: A Step-by-Step FAQ
Disclaimer
This is general information and not legal advice. I am not a lawyer. For legal advice about your situation, consult a licensed Michigan attorney who practices estate and probate law.
Short answer
If your parent was domiciled in Michigan, you will start probate or a non-probate transfer in Michigan. For any real property (land, homes) or certain titled property located in another state, you will likely need an ancillary probate or local transfer process in that other state. Steps include locating the will, determining whether probate is required, petitioning the Michigan probate court (or using Michigan small-estate procedures if available), notifying heirs and creditors, administering Michigan assets, and opening an ancillary matter or following the out-of-state transfer rules for property outside Michigan.
Detailed answer — Step-by-step under Michigan law
1) Confirm domicile and locate important documents
Start by confirming your parent’s legal domicile (their permanent home). If the parent’s last domicile was Michigan, Michigan probate courts have primary jurisdiction over the estate. Gather the original will (if any), the death certificate, titles, deeds, bank statements, life-insurance policies, retirement account statements, and beneficiary designations.
2) Decide whether you must open probate in Michigan
Not every estate requires formal probate. Assets that pass by beneficiary designation (life insurance, many retirement accounts) or by joint ownership usually transfer outside probate. Michigan also allows simplified or small-estate procedures for limited-asset estates or certain personal property transfers. For details about Michigan probate rules and simplified procedures, review the Estates and Protected Individuals Code (EPIC) and the Michigan probate court resources: Michigan EPIC (Chapter 700) and Michigan Courts probate information: Michigan Courts: Probate.
3) If probate is needed, petition the local Michigan probate court
File a petition in the probate court in the county where your parent was domiciled. Typical filings include a petition for appointment of a personal representative (also called an executor or administrator), the original will (if there is one), and a certified copy of the death certificate. After appointment, the personal representative has legal authority to collect assets, pay debts, and distribute property under Michigan law.
4) Give notice and manage creditors
Michigan law requires notice to heirs and certain creditors and may require publication for unknown creditors. The personal representative must identify estate assets, file an inventory or account when required, and address creditor claims in accordance with Michigan procedures. See the Michigan probate resources and EPIC for creditor notice rules: Michigan EPIC (Chapter 700).
5) Administer Michigan assets
Collect bank accounts, transfer titled personal property (cars, boats) as allowed by Michigan procedures, arrange for sale or management of assets, and pay valid debts and taxes. Keep clear records. Michigan has rules on how and when to distribute assets; follow those rules or court orders.
6) Identify out-of-state property and evaluate transfer options
List any property located outside Michigan. Real estate (land or a house) located in another state generally cannot be transferred by a Michigan probate alone. You will usually need to open an ancillary probate proceeding in the state where the real property sits to clear title and transfer ownership in that state.
7) Ancillary probate or local transfer where the property is located
Ancillary probate is a secondary probate proceeding opened in the other state to administer assets located there. The Michigan personal representative or an appointed ancillary representative files in that out-of-state probate court and follows that state’s probate law for that asset. For some types of out-of-state property (e.g., bank accounts, vehicles, or small-value personal property), the out-of-state jurisdiction may allow transfer by affidavit, a certified copy of the Michigan letters of authority, or other simplified procedures without full ancillary probate.
8) Use certified documents and coordinate between states
Most out-of-state courts and institutions require a certified copy of the Michigan letters testamentary or letters of administration. Obtain multiple certified copies of the court appointment and the death certificate to present to banks, title companies, and courts in the other state.
9) Close the estate in Michigan after distributing and resolving claims
After paying debts and taxes and distributing assets (including coordinating transfer of out-of-state property), file final accountings and a petition to close the estate if required by the court. Keep documentation for tax and personal records.
10) When to retain counsel in each state
If the estate has significant value, confusing title issues, out-of-state real estate, creditor disputes, or tax issues, hire a Michigan probate attorney. For the out-of-state property, consult or retain counsel licensed in that state to handle ancillary probate or local transfer requirements. Coordinated counsel can reduce delays and avoid procedural mistakes.
Statutes and resources (Michigan)
- Michigan Estates and Protected Individuals Code (EPIC) — Chapter 700: https://www.legislature.mi.gov/(mileg.aspx?page=chapter&chapter=700
- Michigan Courts — probate information and forms: https://courts.michigan.gov/administration/probate/
Helpful hints
- Get several certified copies of the death certificate early. Many institutions require originals or certified copies.
- Locate beneficiary-designated accounts (IRAs, 401(k)s, life insurance). Those pass outside probate.
- Check for jointly owned property. Joint tenancy with right of survivorship often passes automatically to the survivor.
- For real estate in another state, expect to open ancillary probate in that state to clear title unless the other state has a simple transfer-by-affidavit rule.
- Ask the Michigan probate court clerk for local forms and timelines. Court clerks often provide procedural guidance (not legal advice).
- Keep a clear paper trail: inventories, receipts, bank statements, and court filings. Good records shorten closing time.
- Watch deadlines for creditor claims and tax filings—missing deadlines can create personal liability for the personal representative.
- Consult a Michigan probate attorney for complex estates and an attorney licensed in the other state for out-of-state property issues.