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Disclaimer: This article provides general information about Michigan probate law and does not constitute legal advice.

Detailed Answer

When someone dies without an existing probate case in Michigan, interested persons must initiate a new estate proceeding in the circuit court of the county where the decedent resided. Below are the primary steps:

1. Determine the Type of Administration

   a. Informal Probate for a Will under MCL 700.3201: File a Petition for Informal Probate of the decedent’s will and appointment of a personal representative.
   b. Intestate or Formal Administration under MCL 700.3202: If there’s no will or formal administration is requested, file a Petition for Appointment of Personal Representative.

2. Prepare and File Required Documents
   • Death certificate copy.
   • Original will (if one exists).
   • Names and addresses of all heirs and devisees.
   • Filing fee paid to the clerk’s office (varies by county).
3. Provide Notice to Interested Parties
   Serve or mail notice of the petition to all heirs, devisees, and creditors as required by MCL 700.3703.
   This ensures everyone has an opportunity to object or appear.
4. Obtain Letters of Authority
   If the court approves the petition and no valid objections arise, the clerk issues Letters of Authority or Letters of Testamentary. These documents empower the personal representative to collect assets, pay debts, and manage the estate.
5. Inventory and Appraisal
   Within 91 days of appointment, file an inventory of estate assets and their values under MCL 700.3714.
   Accurate valuation protects the estate and ensures proper distribution.
6. Creditor Claims and Distribution
   Publish notice to creditors in a local newspaper. Creditors have four months from the date of publication to file claims. After resolving claims, distribute remaining assets to heirs or beneficiaries per the will or intestacy rules.
7. Small Estate Summary Proceeding (Optional)
   If the estate’s personal property (minus liens) totals $50,000 or less, Michigan law allows a simplified process under MCL 700.3801. A claimant may submit a small‐estate affidavit and avoid full probate.

Helpful Hints

• Verify residency: File in the county where the decedent lived at death.
• Gather documents early: death certificate, title documents, bank statements, and original will.
• Check the fee schedule: county clerks’ fees vary; budget for publication and appraisal costs.
• Keep an updated mailing list of heirs and creditors to avoid delays.
• File timely inventory and creditor notices to prevent creditor claims from lingering.
• Consider hiring a probate attorney for complex estates or disputes.
• Maintain clear records of all estate transactions to simplify accounting and final distribution.