Detailed answer — what notices you need to send in Michigan

When you open a probate estate in Michigan, the probate court and Michigan law require notice to the people who have a legal interest in the estate (commonly called “interested persons” or “heirs”). Proper notice protects everyone’s rights and gives people the opportunity to participate in the probate or contest it if appropriate.

1. Who must be notified?

Under Michigan law, the class of people entitled to notice generally includes:

• Heirs at law (people who inherit under intestacy rules if there is no valid will).
• Devisees and beneficiaries named in the decedent’s will.
• The surviving spouse.
• Persons nominated as personal representative (executor) in the will.
• Other persons who have a property or pecuniary interest in the estate (creditors may require separate notice rules).

These categories are defined in the Estates and Protected Individuals Code (EPIC). See the statutory definitions and the probate notice provisions for exact terms and who qualifies as an “interested person.” For statutory definitions and details, see the Michigan Estates and Protected Individuals Code, Act 386 of 1998 (MCL 700.1101 et seq.). For a statute-based overview of who must be served, see the probate notice provisions (example: MCL 700.3701 and surrounding sections).

2. Typical notices required when opening probate

There are two common notice categories you’ll encounter when opening probate in Michigan:

1. Notice of probate/appointment to interested persons: When a petition to admit a will or to appoint a personal representative is filed, the court or petitioner must give notice to interested persons so they know a probate proceeding has begun and who has been nominated or appointed. Notice usually includes the court name, the decedent’s name, the nature of the petition, the name of the proposed personal representative, and instructions about filing objections.
2. Notice by publication (if an heir or interested person cannot be located): If an interested person’s name or address is unknown and reasonable efforts to locate them fail, Michigan law permits service by publication in a local newspaper. Publication is a substitute method of notice only when personal service cannot be made after diligent effort.

3. How notice is typically given (methods)

Michigan courts expect notice to be given in one or more of these ways, depending on the circumstances and the court’s rules:

• First-class mail to the last-known address of each interested person.
• Certified mail with return receipt (often used to prove delivery).
• Personal (in-hand) service, if required or requested for certain parties.
• Publication in a local newspaper when the interested person’s location is unknown after diligent search.

After service, you must provide proof of service to the court (for example, signed receipts or an affidavit of mailing or publication). Courts will rely on proof of service to determine that notice requirements were satisfied.

4. Timing and deadlines

Timing can vary with the type of probate (formal vs. informal), the local court rules, and the type of notice. Some important timing considerations:

• Give notice early enough to allow the interested persons to respond before deadlines for objections, hearings, or appointment occur. The petition or the court will usually set response periods.
• If a hearing is set, the notice must let recipients know the hearing date and the deadline for objections.

Because timing details can affect rights and deadlines, consult the local probate court rules or an attorney to confirm required advance notice periods for your county.

5. What must the notice include?

A proper notice normally contains:

• The probate court’s name and case number.
• The decedent’s full name and date of death (if known).
• The nature of the petition (admission of will, appointment of personal representative, etc.).
• The name and address of the petitioner and the proposed personal representative.
• The hearing date (if applicable) and information about how to object or appear.
• Consequences of failing to object (e.g., appointment may become final and you may lose the chance to contest appointment or the will).

6. What if I can’t find an heir?

If you cannot find an heir after reasonable effort, Michigan law allows the court to approve notice by publication. Typical steps:

• Document your search efforts (addresses checked, mail returned, online searches, contact with family or friends).
• Ask the court for permission to publish notice; follow the court’s rules on frequency and duration of publication.
• File proof of publication with the court.

7. Consequences of failing to give proper notice

If required notice is not given correctly, interested persons may challenge the appointment, admission of a will, or other probate orders. Improper notice can delay administration, require re-service, or result in the court reopening a matter to correct notice defects.

8. Practical example (hypothetical)

Hypothetical facts: Mary Doe died leaving a valid will naming John Smith as personal representative. Mary lists no address for her sister, Anna. The petitioner files a probate petition in Wayne County.

Typical steps petitioner should take:

1. Identify all interested persons (spouse, children, named devisees, nominated personal representative).
2. Mail notice by first-class or certified mail to each known interested person at their last-known address and keep proof of mailing.
3. If Anna cannot be located, document search steps and ask the court to allow notice by publication; publish in a newspaper the court approves and file proof of publication.
4. File proofs of service with the probate court so the court can issue the appointment and proceed with estate administration.

9. Where to find the exact rules in Michigan law

The Estates and Protected Individuals Code contains the core probate notice and procedure provisions. See the statutory provisions on probate notices and service in the EPIC (Michigan Compiled Laws, Chapter 700). Example statutory starting points include the definitions and notice sections of the EPIC (search the Michigan Compiled Laws for MCL 700.1101 et seq. and the probate notice provisions around MCL 700.3700–700.4000).

Michigan Legislature (statutes): https://www.legislature.mi.gov/ (search “MCL 700” or “Estates and Protected Individuals Code”).

Helpful hints

• Start by identifying every possible interested person: heirs at law, nominees in the will, surviving spouse, and anyone named in the will.
• Use multiple search tools to locate heirs: family, social media, voter registration, county property records, and obituary networks.
• Keep careful written records of every attempt to notify—dates, methods, addresses, returned mail, and copies of notices—so you can prove you complied with the court’s requirements.
• When in doubt, send notice by certified mail (return receipt requested) and also by regular mail; the certified receipt is strong proof of delivery.
• If an heir cannot be found after good-faith efforts, ask the court for permission to publish; follow the court’s required newspaper and frequency rules exactly.
• Check local probate court rules—counties sometimes have local filing or notice requirements in addition to state law.
• Consider hiring a probate attorney if the estate is large, heirs are numerous or hard to find, or if disputes are likely. An attorney can prepare proper notices, file proofs, and reduce the risk of mistakes that could delay administration.