Disclaimer

This article is educational only and is not legal advice. I am not a lawyer. For decisions about a real case, contact a licensed Michigan probate attorney or your probate court.

Detailed Answer — steps to sell real property as a personal representative in Michigan

1. Confirm your appointment and authority

   Only a court-appointed personal representative (sometimes called executor) may take control of estate assets. Confirm your Letters of Authority (sometimes called Letters Testamentary) from the probate court before selling estate property. The Michigan Estates and Protected Individuals Code (EPIC) governs authority and duties of personal representatives; see the EPIC statute for the general framework: MCL 700.1101.

2. Inventory, locate heirs and identify estate liabilities

   Prepare an inventory of the estate including the property you plan to sell. Identify secured claims (mortgages), taxes, funeral costs, and unsecured creditors. Michigan law requires the personal representative to give notice to creditors and to manage estate property to pay debts. Knowing what the estate owes and what is secured determines whether sale of real property is necessary.

3. Check for exemptions, homestead claims, and family allowances

   Certain assets can be protected or prioritized (for example, homestead exemptions or allowances for the surviving spouse and minor children). Verify whether the home is subject to a homestead exemption or other statutory protections before assuming you can sell freely.

4. Try to pay debts from nonreal assets first

   Before selling real property, use cash, bank accounts, securities, and other liquid assets to pay funeral and priority debts if possible. Selling land and buildings often requires extra steps and court involvement, so courts prefer liquidating nonreal assets first when available.

5. Determine whether you need court approval to sell

   Whether you need court approval depends on the will’s language and state law. Some wills grant the personal representative explicit power to sell estate real property without further court order; others do not. If the will grants broad sale powers or state law gives the representative a statutory power to sell, you may be able to sell without a separate court order. If not, or if beneficiaries object, you must petition the probate court for an order authorizing sale.

   Refer to the sections of the EPIC dealing with powers and duties of personal representatives for details on when court action is required.

6. If needed, petition the probate court for authority to sell

   When an order is required, file a petition or motion in the probate court handling the estate. The petition should explain why sale is necessary (insufficient liquid assets to pay debts, taxes, costs of administration), identify the property, and state that you’ve complied with notice requirements. The court may schedule a hearing and will review whether the sale is in the estate’s best interest before issuing an order authorizing sale.

7. Provide required notices to heirs and creditors

   Michigan probate practice generally requires that interested parties—beneficiaries and known creditors—receive notice of petitions affecting estate assets. The court will advise which notices and what proof of publication or service are required. Proper notice gives creditors and heirs an opportunity to object or make claims before sale proceeds are distributed.

8. Value and market the property

   Obtain a professional appraisal or comparative market analysis. If the court requires, follow any court instructions regarding minimum bids or advertising. Use a licensed real estate agent experienced with estate sales or consider selling at auction if the court directs.

9. Complete the sale, clear liens, and close

   When you receive an acceptable offer, confirm that mortgages, tax liens, or other encumbrances will be addressed at closing. The title company or closing agent will prepare documents to transfer title. If the sale required court approval, the court may need to confirm the sale or review the terms before closing.

10. Account for proceeds, pay debts in priority order, and distribute remaining assets

    Deposit sale proceeds into an estate account and use them to pay administrative expenses, taxes, priority claims, and unsecured creditor claims in the order required by Michigan law. Keep careful records and file accounting with the probate court if required. After claims and expenses are paid, distribute remaining funds to beneficiaries under the will or Michigan intestacy law.

11. Close the estate and obtain discharge

    After you have paid debts, distributed assets, and filed required reports and tax returns, ask the probate court to close the estate and discharge you as personal representative. Closing the estate protects you from later claims if the court approves your accounting and distribution.

Key Michigan law references: The Estates and Protected Individuals Code (EPIC) governs responsibilities and powers of personal representatives. See the Michigan Legislature: MCL 700.1101 (EPIC introduction and short title) and the EPIC sections on personal representative powers and duties in the same chapter. For exact statutory language applicable to a specific estate, consult the EPIC text or a probate attorney.

Practical timeline and typical timeframes

• Appointment and issuance of Letters: 2–8 weeks (varies by court backlog).
• Inventory and notice to creditors: 1–3 months.
• Petition for sale and court approval (if needed): 4–12 weeks from filing to order.
• Marketing and sale: 30–90+ days depending on market).
• Closing and distribution: 2–6 weeks after sale (subject to lien payoff and court requirements).

Helpful Hints

• Hire a probate attorney early. A local lawyer will help you interpret the will, file required petitions, and follow court rules to avoid delays.
• Use a realtor experienced in estate sales. They can advise on pricing, disclosures, and marketing that meet probate standards.
• Get a title search before marketing. Identifying liens or co-ownership issues early prevents surprises at closing.
• Keep detailed records. Save receipts, contracts, appraisal reports, and court filings. You will need them for the estate accounting and to support distributions.
• Notify mortgage holders immediately. If the property has a mortgage, the lender will want to know; payoff at closing usually clears the lien from sale proceeds.
• Watch for tax obligations. Estate and final income tax filings may be required; consult an accountant if the estate has significant tax issues.
• Communicate with beneficiaries and heirs. Transparency reduces the chance of objections and court contests.
• Expect court timeframes. Probate courts vary; build time into your estate plan and keep interested parties informed.