The Estate Desk

Last verified 2026-11-04; facts checked against the primary sources below

How long does probate take in Michigan?

Adam Nathan

Reviewed by Adam Nathan, founder of The Estate Desk

Facts checked against the official sources on this page on November 4, 2026. Not legal advice.

Last verified: November 4, 2026

The short answer: A simple Michigan estate can close about 5 months after the personal representative is appointed at the earliest: that is the first day a closing statement may be filed, and only once the 4-month window for creditors after the published notice has run out (MCL 700.3954, 700.3801). Most estates take longer, because each step waits on the one before it. Small estates with no real property can skip probate entirely 28 days after the death (MCL 700.3983).

What are the deadlines, step by step?

These are the time limits in Michigan's Estates and Protected Individuals Code (EPIC). Each one runs from a different starting point.

Step Deadline or wait Counted from Source
Anyone with a claim can apply if the family has not After 28 days The death MCL 700.3301(1)
Tell heirs and devisees of an informal probate Within 28 days The informal probate being granted MCL 700.3306(1)
Notice of the appointment to heirs and devisees Not later than 28 days Appointment MCL 700.3705(1)
Publish notice to creditors On appointment Appointment MCL 700.3801(1)
Send notice to each known creditor Within 4 months (or 28 days after learning of a late-found creditor) Publication of the notice MCL 700.3801(2)
Prepare the inventory Within 91 days Appointment MCL 700.3706(1)
Creditors present claims Within 4 months Publication of the notice MCL 700.3803(1)(a)
Earliest sworn closing statement No earlier than 5 months The original appointment MCL 700.3954(1)
Claims against the personal representative for breach of duty Within 6 months The closing statement being filed MCL 700.3956
Appointment ends if nothing is pending 1 year The closing statement being filed MCL 700.3954(2)

When can creditors still make a claim?

Michigan's creditor clock starts with the published notice, not the death. A claim that arose before the death is barred unless it is presented in time (MCL 700.3803(1)):

Situation Deadline Source
Notice was published 4 months after publication 700.3803(1)(a)
A creditor the personal representative knew about The later of 1 month after the notice was sent or 4 months after publication 700.3803(1)(b)
Notice was never properly given 3 years after the death 700.3803(1)(c)

That last row is why skipping the published notice can leave an estate exposed for years.

What does closing by sworn statement require?

The closing statement is the usual way an unsupervised Michigan estate ends. The personal representative swears that they did all of these (MCL 700.3954(1)):

Requirement Source
Published notice, and the time for creditors' claims has expired 700.3954(1)(a)
Paid or settled all presented claims, expenses and death taxes, and distributed the property 700.3954(1)(b)
Sent a copy of the statement to every distributee and every unpaid known claimant 700.3954(1)(c)
Gave the affected distributees a full written account, including fiduciary, attorney and other professional fees 700.3954(1)(d)

This route is not available in a supervised administration or when a court order prohibits it (700.3954(1)).

Does it take longer without a will?

The deadlines after appointment are the same. Informal probate of a will and informal appointment without a will both start with an application to the probate register, sworn by an interested person (MCL 700.3301(1)).

Is there a faster route for a small estate?

Yes. Michigan has three, and the dollar limits rise each year with inflation.

Route Who can use it Source
Sworn statement (affidavit), no court case 28 days after the death, when the estate has no real property and is worth no more than the limit, net of liens, and no personal representative has been applied for MCL 700.3983(1)
Court order turning over a small estate After the funeral and burial bill is paid or shown, when the gross estate is worth the limit or less; the order goes to the spouse, or to the heirs if there is none MCL 700.3982
Summary closing When the estate is worth no more than the costs, funeral expenses, allowances, exempt property and last-illness medical bills; no notice to creditors is needed MCL 700.3987
Date of death Small estate limit Most real property lien that can be subtracted (court order route) Source
2026 $53,000 $264,000 Macomb County Probate Court
2025 $51,000 $257,000 Macomb County Probate Court
February 21 to December 31, 2024 $50,000 $250,000 Macomb County Probate Court

The statute sets $50,000, adjusted under section 1210 (MCL 700.3983(1)(a)); the 2025 and 2026 figures are the probate court's published adjusted amounts. An heir who receives property by a small estate court order stays responsible for 63 days for the person's unpaid debts, up to the value received, unless they are the surviving spouse or a minor child entitled to allowances (MCL 700.3982(3)).

How long does probate take in Wayne County?

Wayne County follows the same EPIC deadlines. The court does not publish an average time to close an estate.

Detail What the court states Source
Address Wayne County Probate Court, 1307 Coleman A. Young Municipal Center, 2 Woodward Avenue, Detroit, Michigan 48226 Wayne County Probate Court
Phone 313-224-5706 Wayne County Probate Court
Filing hours 8:00 a.m. to 4:00 p.m. Wayne County Probate Court
Customer service hours 8:00 a.m. to 12:30 p.m. and 1:30 p.m. to 4:00 p.m. Wayne County Probate Court
Closings left in 2026 November 11, November 26 and 27, December 23 (from noon), and December 24 to 31 except weekends Wayne County Probate Court

If the person lived in another state, the timeline is set by that state's law. See how long probate takes in Texas, in Florida, in New York, in Pennsylvania, in Georgia, in Illinois, in Ohio or in California.

This is general information about Michigan law, not legal advice. A Michigan estate lawyer or the probate court in the county where the person lived can tell you which steps apply to a particular estate.

The Estate Desk helps families settle estates. theestatedesk.com

Primary sources