Disclaimer

This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Michigan attorney.

Overview: Who inherits when a person dies intestate in Michigan?

If someone dies without a valid will in Michigan, state law determines who inherits. That law is found in the Estates and Protected Individuals Code (EPIC). The code sets the order of heirs (spouse, children, other relatives) and how the decedent’s assets are divided among them. See the Michigan statutes on intestate succession for details: MCL 700.2103 and related sections of the EPIC (MCL 700.1101 et seq.).

Step-by-step: How to transfer the house into you and your siblings’ names

1. 1. Check how the property is titled

   Look at the deed recorded at the county Register of Deeds. Common situations are:

   • Joint tenants with right of survivorship — the surviving joint owner typically becomes sole owner automatically (no probate needed).
   • Tenants in common or single owner — the property usually becomes part of the decedent’s probate estate.
   • Transfer-on-death (TOD) deed — if a TOD/beneficiary deed exists, it may pass outside probate to named beneficiaries.

2. 2. Gather key documents

   Get the death certificate, the recorded deed, mortgage payoff information, property tax statements, utility bills, the decedent’s bank and asset statements, and birth/marriage records for proof of relationship.

3. 3. Confirm whether probate is required

   If the house is in the decedent’s sole name and there is no valid TOD deed or survivorship interest, the property generally must pass through probate. The probate court process identifies the decedent’s heirs and authorizes transfer of real property.

4. 4. Open probate (if needed)

   File a petition in the probate court in the county where the decedent lived. The court will appoint a personal representative (sometimes called an executor or administrator). That person has authority to manage assets, pay debts, and transfer property on behalf of the estate. Michigan’s probate law and procedures are in the EPIC; look at the probate provisions for appointment and authority of personal representatives: MCL 700.1101 et seq.

5. 5. Use the personal representative’s authority to transfer the house

   Once the court issues Letters of Authority (or similar documents), the personal representative can execute a deed transferring the house to the heirs named by the court or by intestacy rules. The new deed must be recorded in the county Register of Deeds to change title.

6. 6. Consider alternatives when formal probate is undesirable

   In limited circumstances you may avoid a full probate case: if the estate has very low value or the decedent’s assets meet statutory thresholds, informal procedures or simplified transfers may apply. Michigan law provides different procedures depending on the asset type. For real property, probate or a court action (like a judgment of heirship or quiet title) is often required to get clear title. Discuss small estate options with the probate court clerk or a lawyer.

7. 7. Pay liens, taxes and mortgage before transfer

   The house transfers subject to mortgages, liens, and property taxes. The personal representative must address these obligations before or at the time of transfer—either by paying them from estate funds or by arranging payoff or assumptions as allowed by lenders.

8. 8. Record the deed

   Prepare and sign a new deed (usually a quitclaim or executor’s deed), have it notarized, and record it at the county Register of Deeds. Also file any required transfer tax forms and update the property tax records.

9. 9. Resolve disputes or unclear heirs

   If siblings disagree about sale or division, or if heirs are uncertain, you may need a probate court determination, partition sale, or a quiet title action. The court can order sale of the property and division of proceeds when co-owners cannot agree.

Common timeline and costs

Probate timelines vary by county and case complexity. A simple intestate probate can take several months; complex estates can take a year or more. Court filing fees, publication fees, title search costs, deed preparation, and possibly attorney fees apply. If heirs can act informally and the estate is small, costs may be lower.

Helpful hints

• Start at the county Register of Deeds. Get a copy of the recorded deed to confirm how title is held.
• Order multiple certified death certificates early — many institutions require originals.
• Talk to the probate court clerk. Clerks can explain basic filing steps and required forms for your county’s probate court.
• Collect evidence of family relationships (birth certificates, marriage certificates) to prove heirship if needed.
• If the house has a mortgage, contact the lender to learn payoff figures and options. Lenders sometimes allow transfer with payoff or assumption agreements.
• If siblings plan to keep the house jointly, consider putting title in a tenancy-in-common agreement and draft a written plan for maintenance, taxes, and sale terms.
• Keep estate paperwork organized. Make a checklist of notices to creditors, tax filings, and transfers the personal representative must complete.
• When in doubt, consult a Michigan probate attorney to avoid missteps that could cost more later.

Where to find more information and forms

Review the Michigan probate statutes and forms available from your county probate court or the Michigan Legislature website for the Estates and Protected Individuals Code: MCL 700.1101 et seq. (EPIC). Your county probate court’s website will list local filing fees, required forms, and contact information for the clerk.