Michigan Probate Attorney Serving Genesee County Families
When a family member dies, the legal process that follows can feel as overwhelming as the loss itself. CF Legal has guided families through Michigan probate for over 30 years — handling every step at the Genesee County Probate Court so you don't have to figure it out alone.
What Is Michigan Probate — and Do You Have to Go Through It?
Probate is the court-supervised process of validating a deceased person's will, settling their debts, and distributing what remains to the rightful heirs or beneficiaries. In Michigan, most estates with assets titled solely in the decedent's name must go through probate before those assets can be transferred.
Not every estate requires full probate, however. Michigan law provides a simplified small estate process for estates valued under approximately $27,000 (as of 2026). These cases can often be resolved through an affidavit procedure — without a formal court proceeding. We'll tell you at the outset which path applies to your family's situation.
How Michigan Probate Works: The Court Process Step by Step
Understanding the sequence helps families know what to expect and where delays typically occur. Here is how the process unfolds in Michigan.
Step 1: Filing the Petition
The process begins with filing a petition at the Genesee County Probate Court, located at 900 S. Saginaw St. in Flint. The petition requests the court to open the estate and appoint a personal representative. Filing fees start at $175, with additional inventory fees and publication costs assessed as the case progresses.
Step 2: Notifying Creditors and Interested Parties
Once the estate is opened, required notices go out to known creditors and heirs. Michigan law gives creditors a defined window to file claims against the estate. Errors in this notice process are among the most common causes of delays and additional court costs.
Step 3: Inventorying the Estate
The personal representative must identify, locate, and value all estate assets. This inventory is filed with the court and forms the basis for creditor payments and final distribution. Disputes about what belongs in the estate — or what its value is — frequently arise at this stage.
Step 4: Paying Debts and Taxes
Valid creditor claims, final expenses, and any applicable taxes are paid from estate assets before anything is distributed to heirs. Michigan does not impose a state estate tax for most estates, but federal thresholds and income tax obligations still apply.
Step 5: Distributing the Estate and Closing
Once debts are settled, remaining assets are distributed according to the will — or, if there is no will, under Michigan's intestate succession laws. The personal representative files a final accounting and petitions the court to close the estate.
How Long Does Probate Take in Michigan?
Most Michigan estates can be resolved in 7 to 14 months when properly administered. The minimum statutory period for creditor claims alone is approximately five months from the date of the first published notice — which sets a floor on how quickly even straightforward estates can close.
Contested estates, missing assets, unclear title, or filing errors can extend that timeline significantly. The right probate attorney doesn't slow the process — they prevent the missteps that do.
Bar Memberships and Professional Standing
Not every probate case is a matter of paperwork and procedure. Some estates involve challenges that require experienced litigation counsel.
CF Legal handles the full range of probate and trust disputes, including:
Will contests based on lack of testamentary capacity
Undue influence claims against family members or caregivers
Trust challenges and beneficiary disputes
Personal representative misconduct or removal proceedings
Trust challenges and beneficiary disputes
Craig Fiederlein has litigated probate matters at the Genesee County Probate Court for over 30 years. If a family member is threatening to challenge the estate — or already has — we are prepared to defend it.
Our Probate and Estate Legal Services
Every probate matter is different. Some families need a straightforward administration handled efficiently. Others need an attorney ready to walk into a courtroom. We handle both.
If debt has reached a point where repayment isn't realistic, Chapter 7 can provide a way to discharge qualifying debts and reset your financial situation. You get guidance through each step so filings are handled correctly and efficiently.
Local Court Familiarity
Legal outcomes can depend on local processes; working with someone familiar with Will County courts helps avoid unnecessary delays.
Frequently Asked Questions About Michigan Probate
How long does probate take in Michigan?
Most Michigan estates move through probate in 7 to 14 months. The statutory creditor claim period runs approximately five months from the first published notice, which sets a minimum timeline even for simple estates. Contested matters, title complications, or filing errors can extend the process considerably. Proper legal administration from the start is the most reliable way to avoid unnecessary delays.
How much does probate cost in Michigan?
The initial filing fee at the Genesee County Probate Court is $175. Additional costs include an inventory fee based on estate value, publication costs for the required creditor notice, and attorney fees. For most estates, total court-related costs run several hundred to a few thousand dollars before attorney fees. We discuss fees clearly at the outset so there are no surprises.
Do all Michigan estates have to go through probate?
No. Assets held in a trust, jointly owned property with right of survivorship, and accounts with named beneficiaries — such as life insurance or retirement accounts — typically pass outside of probate. Michigan also provides a simplified affidavit process for small estates valued under approximately $27,000. An attorney can review the estate's assets and tell you quickly which process applies.
What happens if someone dies without a will in Michigan?
The estate is distributed under Michigan's intestate succession laws, which follow a defined order of priority: surviving spouse, children, parents, siblings, and so on. The probate court appoints a personal representative, and the estate is administered through the standard court process. Without a will, there is no way to honor the deceased's actual wishes — which is why estate planning matters.
Can a will be challenged in Michigan?
Yes. A will can be contested on grounds including lack of testamentary capacity, undue influence, fraud, or improper execution. Challenges must typically be filed within a defined period after the will is admitted to probate. CF Legal handles both sides of will contests — defending estates against invalid challenges and pursuing legitimate claims on behalf of harmed beneficiaries.
What is the difference between a personal representative and a trustee?
A personal representative (sometimes called an executor) is appointed by the probate court to administer a deceased person's estate through the court process. A trustee manages assets held in a trust, which typically operates outside of probate. Some estates involve both — a personal representative handling probate assets and a trustee managing trust assets simultaneously. We can help coordinate both roles.
Start With One Conversation
Michigan probate doesn't have to consume months of confusion and family conflict. We've handled these cases at the Genesee County Probate Court for over 30 years — and we know exactly what it takes to move an estate forward efficiently and protect it when disputes arise. Call us or schedule a consultation and we'll give you a clear picture of what comes next.