Wills, estates, trusts, and probate can seem intimidating to most, but Michigan Will & Estate Lawyers is here to try to make the process easier. We have put together this list of our most frequently-asked questions to guide you through the process. If you have a question that you have that isn’t listed here, feel free to reach out to our office!

What is the Difference Between Testate and Intestate?

The main difference between testate and intestate is whether the person passed away with a valid will in place.

What does testate mean?

A person dies testate when they leave behind a valid will. The will explains:

• Who receives their assets
• Who is in charge of the estate (the executor)

The executor follows the will and manages the probate process.

What does intestate mean?

A person dies intestate when they do not leave behind a valid will.

When this happens, Michigan law decides who inherits the estate. This is usually based on surviving family members, such as:

• A spouse
• Children
• Parents
• Siblings

What Are Some Common Elements of a Will?

Most wills include:

• Basic personal information
• Guardianship instructions for minor children
• A named executor (personal representative)
• Instructions for how assets should be divided

Download our free will-planning worksheet below to get a better idea of what you may need to gather in order to begin planning a will.

What Does an Estate Executor Do?

In Michigan, an executor is called a “Personal Representative.” This person is responsible for handling the estate after death.

Typical duties include:

• Protecting the estate (such as securing the home)
• Ensuring that the deceased wishes are followed
• Distributing any assets to beneficiaries
• Getting death certificates to notify insurance companies, banks, and other institutions
• Paying outstanding debts and bills
• Filing the will with the probate court

What is Considered a “Probate Asset” in Michigan?

A probate asset is something owned only by the deceased and doesn’t transfer automatically.

Common probate assets include

• Real estate titled in one name
• Vehicles
• Bank accounts without beneficiaries
• Personal belongings
• Investments

These assets are counted toward the estate’s total value

What is Considered a “Non-Probate Asset” in Michigan?

Non-probate assets pass directly to another person and do not go through probate:

• Life insurance with a named beneficiary
• Jointly owned real estate with survivorship rights
• Joint bank accounts
• Certain jointly owned vehicles
• Retirement accounts with named beneficiaries

What is Considered a “Small Estate” in Michigan?

As of 2026, Michigan defines a “small estate” as one worth $53,000 or less. This amount is calculated after:

• Funeral expenses
• Assets that automatically transfer to others (such as life insurance paid directly to a beneficiary)

What is Probate?

Probate is the legal process used to settle an estate after death, including:

• Confirming the will
• Identifying heirs
• Paying debts and taxes
• Distributing property

When is Probate Required for an Estate?

Probate is required when someone dies owning:

• Real estate titled only in their name
• More than $53,000 in non-beneficiary assets (2026 threshold, adjusted yearly)
• Assets with no beneficiaries
• An estate with disputes or unclear instructions

Probate is not required when assets transfer automatically through:

• Trusts
• Joint ownership
• Beneficiary designations

How Long Does Probate Take in Michigan?

Most Michigan probate cases take 5-12 months. The timeline depends on:

• Estate size
• Asset type
• Whether disputes arise

What is “Informal” Probate?

Informal probate is the most common type in Michigan and involves minimal court supervision.

The personal representative can usually:

• Manage the estate
• Distribute assets
• Close the case without frequent court hearings

Can You Avoid Probate in Michigan?

Yes, many Michigan residents avoid probate by planning ahead. Common tools used to avoid probate are:

• Revocable living trusts
• Lady Bird deeds
• Beneficiary designations
• Joint ownership

When assets are titled correctly, probate may be avoided.