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Disclaimer: This article is for informational purposes only and is not legal advice. Consult a licensed Michigan attorney for guidance specific to your situation.

Detailed Answer

When someone dies owning real property in Michigan, that property must pass either outside of probate (by a transfer-on-death deed, joint tenancy, etc.) or through the probate estate. The following steps outline how to ensure real estate is successfully included in an estate for distribution:

1. Identify the Title and Ownership Structure. Review the deed to determine if the property is held as a transfer-on-death (TOD) deed (MCL 700.2701 – link), joint tenancy with right of survivorship, a life estate, or owned solely by the decedent. A valid TOD deed in Michigan avoids probate upon filing a death certificate with the county register of deeds.
2. Obtain a Certified Death Certificate. Order multiple certified copies of the decedent’s death certificate from the Michigan Department of Health and Human Services. You’ll need these for court filings and recording with the Register of Deeds.
3. File a Probate Petition if Needed. If the property does not pass outside probate, file a Petition for Probate with the Michigan Circuit Court in the county where the decedent lived. Refer to MCL 700.3401 – link. The court appoints a personal representative.
4. Obtain Letters of Authority. The court issues Letters of Authority (also called Letters Testamentary or Letters of Authority for a small estate). These documents empower the personal representative to manage and transfer estate property.
5. Inventory and Appraise the Property. Within 28 days of appointment, the personal representative must file an inventory under MCL 700.3404 – link. This includes a description and asset value of the real estate.
6. Secure and Maintain the Property. Protect the property by maintaining insurance, paying property taxes, and securing an occupancy plan if vacant.
7. Address Liens and Claims. Use estate funds to pay valid creditor claims, mortgage balances, and property taxes before distributing assets.
8. Distribute the Property. After debts and expenses, the personal representative distributes the remaining real property according to the will or Michigan’s intestacy rules (MCL 700.2103 – link).
9. Transfer Title. Record the new deed with the county Register of Deeds to transfer title to beneficiaries or heirs. Ensure compliance with local recording requirements.

Helpful Hints

• Review all deeds early to identify probate-avoidance options.
• Use a TOD deed for quick transfer outside probate (MCL 700.2701).
• Keep detailed records of all estate transactions.
• Consult a probate attorney when deadlines or creditor claims arise.
• Notify mortgage companies promptly to prevent penalties.
• Check for homestead exemptions to protect family residences.
• Communicate with heirs to manage expectations and avoid disputes.