Detailed Answer — How ownership and heirs are determined in Michigan

When a grandparent dies, who ends up owning the property depends on how the property was titled and whether the grandparent left a valid estate plan. Michigan follows these basic rules:

• If the decedent held title as joint owners with right of survivorship (for example, joint tenancy with a child or spouse), the surviving joint owner(s) typically take ownership automatically, outside of probate.
• If the property is owned in a trust, the successor named in the trust controls or receives the property according to trust terms.
• If the decedent left a valid will, ownership transfers by probate according to the terms of the will.
• If there is no will (intestate), Michigan’s intestacy laws determine the heirs and how property is divided. See Michigan Compiled Laws governing intestate succession (for example, MCL 700.2103 for rules on distribution of intestate estates): MCL 700.2103.

Common intestacy outcomes in Michigan:

• If the decedent was survived by a spouse and no descendants, the spouse usually inherits the estate.
• If the decedent was survived by descendants (children, grandchildren) but no spouse, descendants typically inherit, with distribution usually by degree of kinship.
• If a child predeceased the decedent but left children (the decedent’s grandchildren), those grandchildren often step into the deceased child’s share (per stirpes distribution).

Because the exact outcome depends on family tree facts and the property’s title, you often need both document searches and, if necessary, a probate court proceeding to make a final determination.

Step-by-step: How to find the rightful heirs and determine property ownership

1. Get a copy of the death certificate. You will need it for probate filings and record searches. Michigan Vital Records information: Michigan Vital Records.
2. Search for a will or trust documents. Check the grandparent’s home, safe deposit box, mail, email, or file cabinets. Contact family members and any attorney the decedent used. If a will exists, it may have been submitted to the local probate court.
3. Check the probate court in the county where the grandparent lived. Ask whether an estate case has been opened. If the executor filed probate, the probate docket will show who has been appointed and who the heirs or beneficiaries are. Use the Michigan probate court directory to find contact info: Michigan county court contacts.
4. Search property records (deeds) at the county Register of Deeds. The deed will show current title and how the property was owned (sole owner, joint tenants, tenants in common, etc.). Many county registries have online search tools. If the deed names a surviving joint owner or a transfer-on-death/beneficiary designation, that controls transfer outside of probate.
5. Check county tax assessor records. Tax records often list the current owner and mailing address used for tax bills. They can help you identify whether ownership already transferred.
6. Look for beneficiary designations and non-probate transfers. Bank accounts, retirement accounts, life insurance, and some deeds may have named beneficiaries who receive assets outside probate.
7. If you cannot find a will and ownership is unclear, consider a petition to the probate court. A family member or other interested person can petition the Michigan probate court to open an estate or to have the court issue a formal determination of heirs. The court can appoint an estate personal representative and order distribution according to Michigan law.
8. If property appears to be held jointly but a dispute arises, or if heirs are unknown or contested, hire a Michigan probate attorney. An attorney can run a thorough title search, prepare petitions (for probate, to quiet title, or for heirship determination), and represent you in court.

When probate is required and what it does

Probate is the court-supervised process that validates a will (if one exists), appoints a personal representative (executor), identifies creditors, pays debts, and distributes remaining assets to heirs or beneficiaries. If the property passes by a valid non-probate method (joint tenancy, trust, beneficiary deed), probate may not be needed.

To learn more about how Michigan probate courts handle estates, see general probate resources at the Michigan Courts website: Michigan Courts.

Practical tips and typical timelines

• Small estates and simple transfers can sometimes be resolved in a few weeks if title passed outside probate.
• Contested or complex estates (disputed heirs, unclear title, creditor claims, or real estate that must be sold) can take months or more than a year.
• Keep careful records: copies of documents, communications, and a list of known relatives will speed searches and court proceedings.

When to get professional help

Consider hiring a probate or real estate attorney if any of the following apply:

• You cannot find heirs or the family tree is complex.
• Title to real property is unclear or the deed references joint owners who are deceased or unlocatable.
• There is a dispute among potential heirs or a contested will.
• There are significant debts, tax issues, or business interests in the estate.

An attorney can file the necessary petitions, represent you in court, and help ensure that transfers comply with Michigan law (including intestacy rules at MCL 700.2103).

Helpful Hints

• Start with the death certificate and the decedent’s personal papers—wills are often kept where important documents are stored.
• Look for a recent deed, mortgage statements, property tax bills, and homeowner’s insurance—these point to how title was held.
• Ask county offices: register of deeds for title records; probate court for open estate files; tax assessor for owner and mailing address.
• Use online resources: many county registries and probate courts have searchable dockets and deed records.
• If a child predeceased the grandparent but left children, those grandchildren may inherit by representation—collect birth and death records to prove relationship.
• Keep copies of any communications and certified mail receipts if you must notify potential heirs or creditors.
• When in doubt, consult a Michigan probate attorney early to avoid delays or mistakes that can be costly to fix.