Home, title, and estate
What to do with a Michigan home after someone dies
Start with the deed, not a blank probate form. How the home was titled can change who may act and whether probate is needed. Keep the property insured and stable while the title path is sorted out.
First calls
Keep the house steady while authority gets sorted out
- 1
Secure the house and keep the bills visible
Protect the property, forward the mail, and tell the insurer, mortgage servicer, utilities, and local treasurer that the owner died. Do not cancel coverage or utilities before you know what the house needs.
- 2
Gather the deed, will, death certificates, and loan papers
The deed and any trust paperwork help show how the home was owned. The will matters, but it does not by itself rewrite the deed or prove that probate can be skipped.
- 3
Call the probate court for the county where the person lived
Ask which estate path and forms fit the facts. A Michigan probate attorney is especially useful when a house, debt, family disagreement, unclear deed, or planned sale is involved.
Choose the path
Three procedures that are easy to mix up
Successor affidavit
PC 598 may fit qualifying personal property after at least 28 days when no personal representative is pending or appointed. It does not transfer real estate.
Small-estate assignment
A probate-court petition using PC 556 may fit a qualifying small estate and can address real property. The court applies the statute, liens, expenses, and priority rules.
Regular probate
A larger or disputed estate, an unclear deed, creditor issues, or a sale may need a personal representative and the regular probate process.
The house itself
Do not let ordinary home chores become estate problems
Ask the insurer what it needs to keep coverage in force, especially if the home is vacant. Keep mortgage, tax, association, heat, water, and basic maintenance records. Save receipts for money spent on the property.
Check the recorded deed and any trust documents before assuming the will controls the house. Joint ownership, a trust, or another valid title arrangement can create a different path, while debts and liens can still matter.
Before a sale, the authorized person should have the probate papers or other title documents the closing company needs. Do not distribute sale proceeds until estate expenses, claims, taxes, and the court path have been addressed.
Next steps
Put the local pieces together
The county and the property record determine several of the next calls.
- Local Find the county and place Use the property location to find local tax and county-service paths. Find the place ->
- Records Order a death certificate Choose the county or state record and make sure the receiving office needs a certified copy. Open vital records ->
- Property Find the recorded deed Use the register of deeds in the county where the land sits. Find the county office ->
- Home Open the homeowner directory Keep taxes, insurance, permits, and property records moving while the estate is handled. Open the directory ->
Michigan estate and home questions
Can Michigan Form PC 598 transfer a house? +
No. Michigan's successor affidavit is for qualifying personal property and expressly excludes real property. A deeded house or land needs a different title or probate path.
What is Michigan's small-estate limit in 2026? +
The Treasury adjustment notice lists $53,000 for the small-estate procedures in MCL 700.3982(1) and (2) and MCL 700.3983 for 2026. The amount is adjusted, so use the notice for the year that controls the estate and ask the probate court how deductions and liens are counted.
Does a will keep a Michigan home out of probate? +
Not by itself. The deed, trust documents, and any valid transfer-on-death arrangement can change the answer. A will directs property handled through the estate, but the title record still has to be dealt with correctly.
Can I sell the house right away? +
Do not sign a sale agreement as the estate's owner until the person with authority to act and the title path are clear. The buyer's title company will also need a recordable chain of title.
Sources and review
Where the estate paths come from
Michigan law and court forms separate the personal-property affidavit from a court assignment or regular probate. The deed and the probate court settle the estate-specific path.
- Data used
- Current Michigan statute, court forms, and 2026 Treasury adjustment notice
- Last reviewed
- July 19, 2026
- Michigan Legislature - successor affidavit, MCL 700.3983 for the 28-day wait, eligibility conditions, personal-property limit, and exclusion of real property.
- Michigan Courts - Form PC 598 for the current affidavit used to claim qualifying personal property.
- Michigan Courts - Form PC 556 for the petition and order used for a qualifying assignment of a small estate.
- Michigan Treasury - 2026 adjusted estate amounts for the current inflation-adjusted dollar amounts for Michigan small-estate procedures.
Use this carefully: Estate thresholds, forms, title facts, liens, and family circumstances can change the answer. Confirm the current form and procedure with the county probate court or a qualified Michigan attorney before transferring property.
Rules, rates, forms, office practices, and local facts can change. When the answer matters, confirm it with the current official source, the responsible office, or a qualified Michigan professional before acting.