What to Do After a Parent Dies in Michigan

What to Do After a Parent Dies in Michigan: Reviewing the Will and Settling the Estate

If your father or mother recently passed away and you are holding their will, wondering what to do with it, you are in the right place. Patrick & Associates, PLLC handles probate and estate administration every day for families across Oakland, Wayne, and Macomb Counties and throughout Michigan. It is the only thing we do.

This guide walks you through what the next few months will look like: whether the estate may need to go through probate, how the Michigan process works, what it costs, and how you may be eligible to get started with a free consultation. You do not need to understand any of this before you call us. But if you are the kind of person who wants to know what you are walking into first, keep reading.

Typically, there is no legal emergency in the first few days. Take care of yourself and your loved ones first. When there are no emergencies, the legal work can wait a week or two.

What to Do in the First Few Weeks

Most of what needs to happen right away is practical, not legal. Here is the short list we give every family who calls us after a parent’s death.

1. Get 8 to 10 certified death certificates. The funeral home can order them. Banks, insurers, the Secretary of State, and the probate court will each want an original.
2. Find the original will. Not a copy. Check the home safe, a safe deposit box, or with the attorney who drafted it. A missing original can create a presumption that your parent revoked it.
3. Do not distribute anything yet. Even if the will is clear, nobody has legal authority to hand out property until the court appoints a personal representative. Giving away a car or emptying a bank account early can create personal liability for you.
4. Secure the home and property. Lock the house, forward the mail, and keep paying the homeowner’s insurance and utilities from your own funds if needed. You can be reimbursed by the estate.
5. Gather what you can find. Bank and brokerage statements, deeds, vehicle titles, life insurance policies, retirement account statements, the last two tax returns, and any bills that arrive. You do not need a complete picture before you call us.
6. Notify Social Security and any pension provider. The funeral home often reports to Social Security, but confirm it. Payments received after the month of death generally have to be returned.

What you should not do is file anything with the probate court on your own before speaking with an attorney. Which forms you file, and whether you file at all, depends on what the will says and what your parent owned.

Reviewing Your Parent’s Will: What We Look For

The will review is the first thing we do and we are typically focused on five things.

Is it valid under Michigan law? A Michigan will must be in writing, signed by the person making it, and signed by two witnesses. A handwritten (holographic) will can also be valid if the material portions and signature are in your parent’s handwriting.

Who is named as personal representative? The will nominates the person who will run the estate. If that is you, we explain exactly what you are signing up for. If it is someone else, we explain your rights as a beneficiary and/or heir of the estate.

What does it actually give, and to whom? Specific gifts, the residue, contingent beneficiaries, and any trusts created inside the will. Wills are often older than families expect, and we check whether anyone named has died, divorced, or been born since it was signed.

Does it conflict with how the assets are titled? This is the one that surprises people. A will only controls probate assets. If a retirement account names your sister as beneficiary, the will cannot override that. We reconcile the will against the account statements and deeds you provide.

Is there anything that could be challenged? Signs of a later will, a sudden change in beneficiaries, a caregiver or new partner who was added late, or questions about mental capacity at the time of signing. Because our firm litigates these disputes, we spot them early and tell you whether you have a problem or not.

If the will is straightforward and the assets line up, we tell you so. Most estates are not contested, but if yours is we have the trial lawyers to get you through.

Does the Estate Need to Go Through Probate?

Not always. In Michigan the answer depends on what your parent owned and how it was titled, not on whether there was a will.

Assets that pass outside probate. These transfer directly to the named person, with no court involvement:

• Life insurance and annuities with a living beneficiary
• 401(k), IRA, and pension accounts with a living beneficiary
• Bank or brokerage accounts marked POD (payable on death) or TOD (transfer on death)
• Real estate held jointly with right of survivorship, or by a Lady Bird deed
• Anything titled in the name of a living trust

Assets that go through probate. Property in your parent’s name alone with no beneficiary designation: a house titled only to them, a solely owned bank account, a vehicle, personal belongings, a business interest.

The Michigan Probate Process, Step by Step

If the estate needs full administration, here is what the process looks like under Michigan’s Estates and Protected Individuals Code (EPIC). We handle every step; your role is mostly to sign, gather documents, and make decisions.

1. Open the estate. We file the will and an application (informal) or petition (formal) with the probate court in the county where your parent lived. Informal probate is faster and may be appropriate when nobody is contesting anything. Formal probate involves a hearing and is used when the will is unclear, an heir is missing, or a dispute is likely.
2. Appointment of the personal representative. The court issues Letters of Authority. This document is what gives you the legal power to access accounts, sell property, and deal with creditors. Nothing can be done with the assets until it is issued.
3. Notice to heirs, devisees, and creditors. Everyone with an interest in the estate is entitled to notice. We publish a notice to creditors in a local newspaper, which starts a four-month window for creditors to file claims. Known creditors get direct written notice.
4. Inventory the estate. Within 91 days of appointment, the personal representative is required to present or file an inventory listing every probate asset and its date of death value. The court charges an inventory fee based on this total. We help you value real estate, vehicles, and accounts correctly.
5. Manage the estate during administration. Open an estate bank account, collect assets, maintain the house, file the final income tax return and any estate income tax return, and keep records of every dollar in and out.
6. Pay valid claims and expenses. After the creditor window closes, we review each claim. Valid ones are paid in the priority order Michigan law sets.
7. Distribute to beneficiaries. Once debts, taxes, and expenses are settled, the remaining assets are distributed according to the will. Each beneficiary signs a receipt.
8. Close the estate. We file a sworn statement (informal) or a petition for complete settlement (formal), and the court discharges you as personal representative. Your personal liability ends here.

Your duties as personal representative. You are a fiduciary. That means you must act in the estate’s best interest, keep estate money separate from your own, treat all beneficiaries fairly, and account for everything. Most of the problems we see in probate come from well meaning family members who did not know these rules. Having counsel from day one is how you avoid becoming the target of a claim later. Learn more on our probate estate administration page.

How Long It Takes and What It Costs

Timeline. A straightforward, uncontested Michigan estate typically takes 7 to 12 months from opening to closing. The four-month creditor period sets the floor; nothing can be fully distributed before it ends. Estates with real estate to sell, a business, out of state property, tax issues, or family disagreement run longer, often 12 to 24 months. Small estates may finish much quicker.

Court costs. These are set by the state and paid from the estate, not by you personally:

• Petition or application to open an estate: roughly $175 plus electronic filing fees
• Small estate petition for assignment: $25 plus the inventory fee
• Inventory fee: a sliding scale based on the gross value of the probate estate (about $188 on a $100,000 estate)
• Publication of creditor notice: varies by newspaper, typically under $150
• Certified copies of Letters of Authority: a few dollars each

Attorney fees. Michigan does not set attorney fees as a percentage of the estate, and Patrick & Associates does not charge that way. We bill for the work actually performed, at rates we disclose in writing before you retain us. Our fees are an expense of the estate, which means they are paid from estate assets before distribution, not out of your pocket. For uncontested administrations we can often give you a close estimate at the consultation once we know what your parent owned.

Your consultation is free. There is no charge to meet with us, have the will reviewed, and get a clear picture of what the estate will require. You decide afterward whether to hire us.

What drives cost up is not the size of the estate so much as the problems in it: missing documents, unclear titles, family members who stop communicating, or creditors who overreach. Getting an attorney involved early is almost always cheaper than fixing a mistake later.

Five Mistakes Families Make After a Parent Dies

We see these every month. None of them are made out of bad intent, and all of them are avoidable.

1. Dividing things up before the court appoints anyone. Siblings agree to split the furniture, one takes the car, another withdraws cash to “cover expenses.” Without Letters of Authority, every one of those transfers can possibly be unwound and the person who made them can be held personally responsible.
2. Paying creditors too soon, or in the wrong order. Michigan ranks claims by priority. Paying a credit card before administration costs, funeral expenses, or taxes can leave the personal representative on the hook if the estate runs short.
3. Letting the house sit. Unpaid insurance, frozen pipes, a lapsed homestead exemption, or a mortgage in default erodes the estate’s largest asset while the family grieves.
4. Assuming the will controls everything. Beneficiary designations and joint titles override the will. A parent who meant to divide things equally often leaves an unequal result because an old 401(k) form was never updated. Knowing this early prevents resentment later.
5. Trying to handle it alone to save money. Probate court staff cannot give legal advice. A rejected filing, a missed deadline, or an improperly noticed heir can add months and cost more than counsel would have.

Frequently Asked Questions About Michigan Probate

Do I need a lawyer to probate my parent’s estate in Michigan?
Michigan does not require one, but a personal representative is personally liable for mistakes. Most families with a house, multiple accounts, or more than one heir retain counsel. Patrick & Associates offers a free consultation to help you decide.

How much does probate cost in Michigan?
Court filing fees are about $175 to open an estate plus an inventory fee based on estate value. Attorney fees are billed for work performed, not as a percentage, and are paid from the estate. Small estates under $53,000 (2026) can be handled for a $25 filing fee plus the inventory fee.

How long does probate take in Michigan?
An uncontested estate usually takes 7 to 12 months. The minimum is set by the four-month creditor claim period. Contested or complex estates can take longer.

What is the small estate limit in Michigan for 2026?
$53,000, measured after funeral and burial expenses. Estates at or under that amount may use a Petition and Order for Assignment or, if there is no real estate, a transfer by affidavit.

Can I distribute my parent’s assets before probate is finished?
Legally, no. Only a court appointed personal representative with Letters of Authority can transfer estate assets, and distributions generally wait until the creditor period closes.

What if the will is unclear or a family member is contesting it?
Patrick & Associates is a probate litigation firm. We handle will contests, undue influence claims, and beneficiary disputes in probate courts across Michigan, and we can tell you early whether a dispute is likely.

Does a will avoid probate in Michigan?
No. A will directs how probate assets are distributed, but it does not avoid the probate process. Only non-probate transfers (trusts, beneficiary designations, joint ownership) bypass the court. See our post on dying without a will for what happens when there is no will at all.

Which probate court handles the estate?
The probate court in the Michigan county where your parent lived at the time of death. Patrick & Associates regularly practices in Oakland, Wayne, and Macomb County probate courts and serves clients statewide.

Yes, We Handle Probate and Estate Administration—Patrick & Associates Can Help

Probate and estate administration is the focus of our entire practice. At Patrick & Associates, PLLC, led by Dean Patrick, Michigan’s Probate Authority, we have guided hundreds of Michigan families through the loss of a parent: reviewing the will, opening the estate, protecting the personal representative from liability, and getting assets to the people who are supposed to receive them. Because we also litigate contested estates, we know where the problems hide and how to keep a routine administration from turning into a fight.

What we need to get started for you: the original will or the best copy you have, a certified death certificate, any trust documents, recent bank, brokerage, and retirement statements, the deed to any real estate, vehicle titles, life insurance policies, a list of known debts, and names and contact information for the interested persons (Eg. spouse, children, and anyone named in the will). Even if you cannot located all those items and information, you can lean on us to help.

Schedule Your Free Consultation

Call or text Patrick & Associates today. We’re in Southfield, right here in Michigan, and we offer in person, phone, and video consultations for families anywhere in the state. Evening and same-week appointments are available.

(248) 663-2566

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You took care of your parent. Let us take care of the rest.

This article is general information about Michigan law and is not legal advice for your specific situation. Submitting a contact form or calling does not create an attorney-client relationship.

| Published by Patrick & Associates, PLLC – Michigan’s Probate Authority