How to prove a family member was the sole member of an LLC in Michigan

Short answer: Banks typically want certified public filings plus internal LLC documents that show ownership and authority. In Michigan you can get certified copies and a certificate of status from the state (LARA), but the state filing usually does NOT list members. To prove someone was the sole member you will usually need the LLC’s Articles of Organization (certified copy), a certified Certificate of Status (good standing), the LLC operating agreement (or a signed affidavit/resolution showing sole membership), the decedent’s death certificate (if the member died), and proof of authority to act for the deceased member’s estate (probate letters or small‑estate paperwork). This is general information, not legal advice.

Detailed Answer — what to get from the state and what banks usually require

1. What the state files show (and what they usually do not show)

In Michigan, the state filing system for business entities is handled by the Corporations, Securities & Commercial Licensing (CSCL) bureau within the Department of Licensing and Regulatory Affairs (LARA). You can look up an LLC and order certified copies through the Michigan LARA online system: https://cofs.lara.state.mi.us/ and general LARA business information at https://www.michigan.gov/lara.

Common state records you can obtain:

• Articles of Organization / Certificate of Formation (certified copy): The document that created the LLC and the official filing record. Obtain a certified copy from LARA. The Articles describe formation details but typically do not list members.
• Certificate of Status / Certificate of Good Standing: A state-issued certificate that shows the LLC is properly registered and current with required filings; banks often accept this to show the company existed and was in good standing when issued.
• Filing history / record of filed amendments: Shows whether any amendments (for example to change managers or company name) were filed with the state.

Important: Michigan public filings usually do not identify LLC members. Michigan’s company formation records focus on the existence of the entity; membership and internal ownership are typically private and governed by the LLC’s operating agreement rather than state records. For background on Michigan LLC law, see the Michigan Limited Liability Company Act (MCL 450.4101 et seq.) through the Michigan Legislature website: https://www.legislature.mi.gov/ (use the site to search “Limited Liability Company Act, MCL 450.4101”).

2. Documents banks usually require to confirm a sole member

Banks vary, but to confirm someone was the sole member of an LLC they commonly ask for a combination of the following:

• Certified copy of the Articles of Organization (from LARA) to prove the LLC’s existence.
• Certificate of Status / Good Standing (certified by LARA).
• Operating Agreement — the internal document that usually identifies members and ownership percentages. Because operating agreements are not filed with the state, a certified copy or a notarized copy signed by the decedent (or another authorized person) is often required.
• Member resolution or bank resolution showing who was authorized to open and operate accounts on behalf of the LLC.
• Federal EIN confirmation (IRS letter) and the deceased member’s government ID — to match names.
• If the member died: death certificate and documentation that the person presenting documents has legal authority to act (see below).

3. If the sole member died — what additional paperwork you will likely need

When the LLC’s sole member is deceased, banks usually require proof of the decedent’s death and proof that the person seeking access has legal authority to control or transfer the LLC interest. Typical proofs include:

• Certified death certificate of the sole member.
• Probate court letters (Letters Testamentary or Letters of Authority / Letters of Personal Representative) issued by a Michigan probate court showing the personal representative’s authority to administer the decedent’s estate. The Michigan courts site has probate information: https://courts.michigan.gov/.
• Small‑estate affidavit or summary procedures, if available and appropriate under Michigan law for smaller estates. Some banks will accept a small‑estate affidavit to transfer business interests without full probate.
• If the operating agreement provides a transfer method (e.g., automatic transfer to a listed heir), a certified copy of that operating agreement plus any required beneficiary or assignment document may suffice.
• A certified copy of a probate court order if the court has already authorized transfer of the LLC interest to an heir or purchaser.

Note: Banks have risk and compliance requirements (e.g., anti‑money‑laundering rules). Even if you have all documents, the bank may require additional forms (their internal affidavit, ID verification, or legal opinion letters). Always speak with the bank early to get a specific list of what they require.

4. How to obtain certified state documents in Michigan

1. Use the Michigan LARA online search to find the LLC record: https://cofs.lara.state.mi.us/.
2. Order certified copies and a Certificate of Status from LARA/CSCL. LARA’s business pages explain available certified records and ordering instructions: https://www.michigan.gov/lara/bureau-list/cscl/corporations-securities-and-commercial-licensing.
3. Ask LARA for a certified copy of any filed amendments or documents that were submitted to the state.

5. Practical checklist to present to the bank

• Certified Articles of Organization (from LARA)
• Certificate of Status / Good Standing (from LARA)
• Operating Agreement showing sole membership (original or certified/notarized copy)
• Member resolution or bank account resolution (if available)
• Federal EIN documentation
• If applicable: certified death certificate and probate letters or small‑estate affidavit
• Valid photo ID for the person presenting documents

Helpful Hints

• Contact the bank first. Different banks have different acceptance policies. Ask for a written list of required documents and whether they accept certified copies or require original documents.
• Order certified state documents early. LARA turnaround times vary. Having certified Articles and a Certificate of Status on hand speeds the process.
• If the operating agreement is missing, look for any written member resolutions, signed bank forms, tax returns, or other documents that indicate sole ownership. An affidavit from an aware, disinterested witness (or the estate representative) may help but banks often prefer probate documents.
• When a sole member dies, a probate court appointment (Letters of Authority/Letters Testamentary) is the clearest proof of authority to manage and transfer the LLC interest. Talk to a probate attorney if you expect contested claims or if the estate is large.
• If you expect the bank will refuse non‑probate transfers, consider opening dialogue with LARA and the bank simultaneously and, if needed, consult a Michigan probate or business attorney to prepare the correct court petitions or affidavits.
• Keep certified copies of documents in a safe place and make notarized copies for the bank — many banks will still require original certified documents or a certified court order even if you provide copies.

Where to start online:

• LARA / CSCL business information and resources: https://www.michigan.gov/lara/bureau-list/cscl/corporations-securities-and-commercial-licensing
• Michigan business entity search and ordering certified documents: https://cofs.lara.state.mi.us/
• Michigan Secretary of State business services info: https://www.michigan.gov/sos/business-services
• Michigan courts (probate information): https://courts.michigan.gov/
• Michigan statutes (search the Michigan Legislature site for the Limited Liability Company Act, MCL 450.4101 et seq.): https://www.legislature.mi.gov/

Disclaimer: This article explains general Michigan procedures and common bank practices and is intended for educational purposes only. It is not legal advice. For specific legal guidance about transferring or proving ownership of an LLC interest, especially after a member’s death, consult a licensed Michigan attorney or probate attorney.