Detailed answer — what generally must happen under Michigan law

Selling real property that belonged to a decedent when the property is now owned by co‑owners that include minors almost always involves the probate or minor‑guardian (conservatorship) process in Michigan. The basic pathway depends on how title is held and whether an estate administration or a guardianship/conservatorship is needed. Below are the typical, step‑by‑step actions and the legal concepts that commonly apply.

1) Confirm who legally owns the property now

Check the deed and the will (if one exists). Common outcomes:

• If title was held as joint tenants with right of survivorship, the property may have passed automatically to the surviving joint tenant(s) and probate may not be needed for title transfer.
• If the decedent’s interest passed by a transfer‑on‑death deed or beneficiary deed, that may control transfer.
• If the decedent’s interest is part of the decedent’s probate estate (e.g., tenancy in common or sole ownership), a personal representative (executor) must be appointed through probate to administer and, if necessary, sell the property.

2) If minors are co‑owners or beneficiaries, the court needs to protect their interests

Michigan law requires special steps before a minor’s real property interest is sold or encumbered. If the minor does not already have a court‑appointed guardian of the estate (sometimes called a conservator), the court will typically require appointment of a guardian/conservator for the minor’s property or will require a court order approving the particular sale. The probate court supervises how a minor’s property is handled to protect the minor’s best interests.

3) Open probate (if the property is part of a decedent’s estate)

If the real property is part of the estate, someone (often the person who holds the will or the decedent’s close relative) files a petition with the local probate court to open probate and to appoint a personal representative. The court issues letters of authority to the personal representative once appointed. The personal representative has the authority to administer estate property under the Michigan Estates and Protected Individuals Code (EPIC) and state probate rules.

4) If needed, petition the probate court for authority to sell real estate

A personal representative or a guardian of a minor’s estate will file a petition with the probate court asking for authorization to sell the real property. The petition should include:

• Identification of the property and who holds an interest (including minors).
• The reason for sale (e.g., to pay debts, to divide proceeds among beneficiaries, because maintenance is impractical).
• Proposed sale terms (purchase agreement if already negotiated) and value evidence (appraisal or market analysis).
• Information on how sale proceeds will be protected for minors (e.g., court‑approved investment, blocked account, or appointment of guardian/ conservator to manage the funds).

The court will give notice to interested persons, which typically includes adult beneficiaries, next of kin, and the guardian/attorney for any minor. There will usually be a hearing. If the court finds the sale is in the best interest of the estate and the minor, it will sign an order authorizing the sale and will direct how proceeds are to be handled.

5) If the minor needs a guardian of the estate (conservator), get that appointment before or together with the sale petition

When a minor lacks an appointed guardian of the estate, file a petition to appoint one. The guardian of the estate will be authorized to sign documents on behalf of the minor after the court grants appropriate powers. Sometimes the court appoints a guardian and simultaneously signs the order approving the specific sale. The guardian must account to the court for how sale proceeds are held or invested for the minor.

6) Complete the sale and record the deed

Once the court authorizes the sale, the fiduciary (personal representative or guardian of estate) signs the deed for the selling party and the deed is recorded with the county register of deeds. The court’s order and the letters of authority should be presented to the title company or county recorder to show the fiduciary’s authority to convey title.

7) Court supervision of sale proceeds and final accounting

The probate court commonly requires the fiduciary to file an accounting showing the sale, expenses, and distribution or handling of proceeds. If minors receive proceeds, the court usually orders those funds protected—placed in a blocked account, invested under court supervision, or paid to a guardian who must manage them for the minor’s benefit.

Typical documents and evidence the court expects

• Death certificate
• Will (if any)
• Petition to open probate or to appoint a guardian/conservator
• Petition for authority to sell real estate (if required)
• Proposed order and proposed deed
• Appraisal or broker price opinion
• Purchase agreement or offer
• Notice to interested parties and proof of service

How long will it take and what does it cost?

Timelines vary. Simple cases with an existing guardian and an uncontested sale can move in a few weeks to a couple of months. Full probate administrations that include appointment of a personal representative and resolution of claims and heirship can take several months or longer. Costs can include probate filing fees, attorney fees, appraisal fees, guardian/conservator bond funds (if a bond is required), closing costs, and possible accounting or investment fees. The probate court or a local probate clerk can provide fee schedules and timing information for your county.

Michigan statutes and resources to consult

The governing law for probate, guardianships, and fiduciaries in Michigan is the Estates and Protected Individuals Code (EPIC), commonly cited as MCL 700.1101 et seq. For official state resources and forms, consult the Michigan Legislature and the Michigan Courts websites:

• Michigan Legislature — Estates and Protected Individuals Code (search for MCL 700.1101 et seq.): https://www.legislature.mi.gov
• Michigan Courts — probate forms and probate court information: https://courts.michigan.gov/Administration/SCAO/Resources/Pages/Probate-Forms.aspx

Because local practice varies by county and probate judges may request different supporting materials, contact the clerk at the probate court in the county where the property sits for county‑specific forms and filing instructions.

Helpful Hints

• Start by getting a copy of the current deed, the decedent’s will (if any), and the death certificate. These documents show how title stands and whether the property is part of probate.
• Call the local probate court clerk early and ask what forms they require for: opening an estate, appointing a guardian of a minor’s estate, and petitioning to sell real property. County procedures vary.
• If a minor already has a guardian of the estate, that guardian may be able to handle the sale with court approval—ask the probate court which steps are still required.
• Obtain a current appraisal or broker price opinion before petitioning the court. Courts expect evidence the sales price is reasonable and in the minor’s best interest.
• Plan for how sale proceeds for minors will be protected (e.g., blocked account or court‑approved investments); include that plan in your petition.
• Expect the court to require notice to interested persons (heirs and beneficiaries). Allow time for notice and any objections before a hearing.
• Work with a title company experienced in probate sales. They can guide you on the documents the county register of deeds needs to record the deed.
• Consult an attorney experienced in Michigan probate and guardianship law. Even if you can handle some steps yourself, an attorney can help avoid delays and ensure proper protection of minors’ interests.

If you want, provide the county where the property is located and whether there is a will or any existing guardian of the minor’s estate; with that information, a local checklist and the likely forms can be suggested.