What Is Probate?

When someone passes away in Michigan, their property and debts don’t just disappear. In many cases, these matters must go through probate — a court-supervised process for settling an estate. While probate is sometimes necessary, many families want to avoid it because it can be slow, stressful, and expensive. The good news: with the right planning, you can often minimize or even bypass probate altogether.

Probate is the legal process of:

• Proving a will is valid
  
  
• Paying final debts and taxes
  
  
• Distributing assets to heirs or beneficiaries
  
  

If the person had no will, Michigan’s intestacy laws determine who inherits. This can lead to outcomes the deceased may not have intended. It is always better for you to decide where your assets go after you pass away, rather than the government.

When Is Probate Required in Michigan?

Probate is not always needed. Michigan law provides some exceptions for small estates or property that passes directly to a surviving spouse. However, probate is typically required if:

• The deceased owned real estate in their name alone
  
  
• Bank accounts, vehicles, or other assets had no joint owner or beneficiary listed
  
  
• The estate is worth more than $50,000 (as of 2025) without proper planning tools
  
  

Why Do Families Want to Avoid Probate?

Most people try to avoid probate for three big reasons:

1. Time: Probate can take months or even years to complete.
   
   
2. Cost: Court fees, attorney’s fees, and other expenses reduce the estate’s value.
   
   
3. Stress & Public Record: Probate can create conflict among family members and makes financial details part of the public record.
   
   

How to Avoid Probate in Michigan

The best way to protect your loved ones from probate is through proper estate planning. Some of the most effective tools to attempt to avoid probate include:

• Lady Bird Deed: Allows real estate to pass automatically to heirs without probate.
  
  
• Revocable Living Trust: Keeps assets private, under your control, and out of probate court.
  
  
• Beneficiary Designations: Naming beneficiaries on life insurance, retirement accounts, and bank accounts ensures they transfer directly.
  
  
• Joint Ownership: Property held jointly with rights of survivorship passes directly to the surviving owner.
  
  

When Probate May Still Be Helpful

Probate isn’t always negative. In some cases, it provides structure and court oversight that can prevent disputes. For example, if there are significant debts, unclear instructions, or disagreements among heirs, probate ensures legal resolution of these issues.

Take the First Step Now

Avoiding probate doesn’t happen automatically — it requires planning in advance. By working with an experienced estate planning attorney, you can use the right tools to make sure your family is protected and your wishes are honored.

At Kallman Legal Group, we’ve helped Michigan families for decades with wills, trusts, and probate matters. Whether you want to prevent probate or need guidance navigating it, we’re here to help.

📞 Contact us today to schedule a consultation and start protecting your legacy.

 

Disclaimer: The information and materials you obtain at this site are not, nor are they intended to be, legal advice. We provide this information and materials for informational purposes only. You should consult an attorney for advice regarding your individual situation. We invite you to contact us regarding your individual situation. Contacting us does not create an attorney-client relationship. An attorney-client relationship can only be established with the express written consent of David A. Kallman or Stephen P. Kallman by means of a written fee agreement.