Detailed Answer — Where to open probate under Michigan law

Short answer: Under Michigan law, probate generally happens where the decedent was legally domiciled (their legal home) at the time of death. If the person died in Virginia but their legal domicile was North Carolina, you would ordinarily open probate in North Carolina (and not in Michigan). If the decedent was domiciled in Michigan when they died, then you would open probate in Michigan. If the decedent was domiciled in a different state from where certain assets are located, you may need an ancillary probate in the state where the real property or other titled assets sit.

This explanation assumes general Michigan probate principles. It is not legal advice. See Michigan’s Estates and Protected Individuals Code for the governing statutory framework: MCL Chapter 700 (Estates & Protected Individuals Code).

Key legal ideas you need to know

• Domicile (legal home) vs. physical location: Domicile is the place a person intends to make their permanent home. A death that happens while visiting another state (a hospital, hotel, etc.) does not automatically make that state the place to open probate.
• Primary probate (domiciliary probate): The main probate administration is normally opened where the decedent was domiciled at death. That court appoints the personal representative or executor who has primary authority over the estate.
• Ancillary probate: If the decedent owned real estate or titled property in a state other than the domicile, a second (ancillary) probate may be required in the state where the property sits to clear title or transfer that property.
• Nonprobate transfers: Bank accounts with pay-on-death beneficiaries, life insurance, retirement accounts, and jointly owned property often avoid probate. You’ll need to separate probate and nonprobate assets when planning where to file.

How to decide where to open probate: practical steps

1. Determine the decedent’s domicile at death: Look at where they lived, where they intended to remain, where they were registered to vote, where they paid taxes, driver’s license, vehicle registration, physician and community ties, and where their primary home was maintained. The court will look at these facts to determine domicile.
2. Locate a will and check it for a choice-of-law or preferred venue clause: A will sometimes names the state or county for administration, but courts look primarily to domicile for jurisdiction.
3. Inventory major assets and their locations: Real estate in Virginia or North Carolina will often require probate filings in the state where the property sits (ancillary probate). Bank and investment accounts may be handled via the domiciliary probate or by beneficiary designations.
4. Open probate in the state of domicile: If the decedent was domiciled in North Carolina, open probate there. If domiciled in Virginia, open probate in Virginia. If domiciled in Michigan, file in the Michigan probate court in the county where they lived.
5. Consider ancillary probate: After appointing a personal representative in the state of domicile, the representative can seek ancillary letters in any other state where estate property exists (for example, to transfer a house). Ancillary probate is typically a streamline to allow the out-of-state personal representative to act locally.
6. When to contact attorneys: If the facts are mixed (for example, the decedent had homes in two states, substantial assets in another, or unclear intent), talk to attorneys in the likely domicile state and in the state where major assets sit. They can advise about whether a Michigan filing is needed at all.

Example scenarios (hypotheticals to illustrate)

Example A: The person lived full-time in North Carolina for years, held a North Carolina driver’s license, paid North Carolina income tax, and kept most of their possessions there. They died while visiting Virginia. Where to open probate? Open probate in North Carolina. If they owned a rental house in Virginia, the North Carolina personal representative would likely need to pursue ancillary probate in Virginia to transfer the rental property.

Example B: The person maintained a Michigan primary residence and intended to return to Michigan, but was temporarily living in North Carolina and died there. Where to open probate? Open probate in Michigan (the domicile state), and address any North Carolina assets as needed through ancillary procedures or local filings.

Documents and information to gather before filing

• Original will (if any) and any codicils.
• Certified death certificate (multiple copies).
• List of assets and where they are located: real estate deeds, bank and investment accounts, retirement accounts, insurance policies, vehicles.
• Records that show domicile: lease or deed, tax returns, voter registration, driver’s license, utility records, employment records.
• Names, addresses, and contact details for heirs, beneficiaries, and potential creditors.

Time, cost, and alternatives

• Probate timelines and costs vary by state and by county. Ancillary proceedings can add time and fees.
• Many states (including Michigan) offer simplified or small‑estate procedures for low-value estates. Check the dollar thresholds and rules in the state where probate would be opened.
• If most assets pass by beneficiary designation or joint ownership, you may avoid full probate administration entirely; you still need to provide the institutions with a death certificate and required paperwork.

Where to look for authoritative rules and local procedures

• Michigan statutes for estates and probate (Estates and Protected Individuals Code): MCL Chapter 700
• Michigan Courts — probate and estate resources: courts.michigan.gov probate information
• If you will need to open probate in Virginia or North Carolina, check those states’ probate rules and local county probate courts. Each state has different forms, timelines, and small‑estate options.

Helpful Hints

• Prioritize determining domicile. The single most important fact for where to file probate is the decedent’s legal home at death.
• Gather a death certificate as soon as possible; you will need multiple certified copies for banks, insurers, and courts.
• Search the decedent’s mailbox, email, and files for a will, statements, deeds, and beneficiary designations.
• If the estate owns real estate in more than one state, plan for a primary probate in the domicile state and ancillary probates where real property sits.
• Ask the bank or title company if the asset transfers via beneficiary designation or joint tenancy before starting full probate.
• Consult a probate attorney in the state of likely domicile early. If assets sit in other states, consult local counsel there about ancillary proceedings.
• Keep thorough records of expenses, notices, and distributions; courts often require accounting.

Disclaimer: This article provides general information about probate principles under Michigan law. It is not legal advice and does not create an attorney‑client relationship. Laws differ by state and by county. For advice about your situation, contact a licensed probate attorney in the state where you believe the decedent was domiciled and in any state where major assets are located.