How much does probate cost in Michigan?

The short answer

Michigan does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.

Attorney fees

No statutory schedule. Attorneys for the personal representative are entitled to 'reasonable compensation' (MCL 700.3715(w), 700.3721), typically billed hourly or as agreed; the probate court can review reasonableness on objection.

Executor / personal representative fees

Under MCL 700.3719, a personal representative is entitled to 'reasonable compensation' for services performed — Michigan has no statutory percentage. The PR may pay their own compensation periodically without prior court approval, but if the PR is an attorney, contemporaneous time records are required. Interested persons can challenge fees as unreasonable.

What the fee is based on

Michigan's most distinctive cost is the probate INVENTORY FEE under MCL 600.871. MCL 600.871(1) charges it in "all decedents’ estates in which proceedings are instituted for probate" — so it applies to estates opened in probate, not to every decedent estate — on the date-of-death value of probate assets. MCL 600.871(2) provides that "if real property that is included in the estate is encumbered by or used as security for an indebtedness, the amount of the indebtedness must be deducted from the value of the real property", so a mortgage on estate real property is subtracted before the fee is computed. The fee is a sliding scale: e.g., $237.50 + 0.25% over $50,000 on estates $50k–$100k; $362.50 + 0.125% over $100,000 on estates $100k–$500k; flat $62.50 per additional $100,000 up to $1M; $31.25 per additional $100,000 above $1M. Due on closing or within 1 year of opening, whichever is first.

Court filing fees

Typical fees: ~$175 to file an application/petition to open a decedent estate, plus $12 per Letters of Authority (~$187 to open); $23 for most subsequent filings; publication of Notice to Creditors usually $100–$200; plus the MCL 600.871 inventory fee scaled to estate value.

Appraisal / probate referee

Michigan does not use a state-appointed probate referee/appraiser. The personal representative prepares and files the inventory, hiring private appraisers as needed for real estate or unique assets.

How long probate takes in Michigan

We found no published source for how long probate takes in Michigan as of September 2026. No Michigan court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Four months after the date of publication of the notice to creditors, where notice is given in compliance with MCL 700.3801 or 700.7608 (MCL 700.3803(1)(a)). For a creditor known to the personal representative at the time of publication or during the four months after it, the period is the later of those four months or one month after the notice is subsequently sent to that creditor (§700.3803(1)(b)) — so a creditor notified late runs on the one-month leg, which can end after the four months has already closed. Where notice is not given, the claim is barred three years after the decedent's death (§700.3803(1)(c)). A claim already barred at the decedent's domicile before publication in Michigan is barred here too, and §700.3803(3) exempts proceedings to enforce a mortgage, pledge or other lien on estate property and claims to the extent of liability insurance.

Creditor claim period

Four months after the date of publication of the notice to creditors, where notice is given in compliance with MCL 700.3801 or 700.7608 (MCL 700.3803(1)(a)). For a creditor known to the personal representative at the time of publication or during the four months after it, the period is the later of those four months or one month after the notice is subsequently sent to that creditor (§700.3803(1)(b)) — so a creditor notified late runs on the one-month leg, which can end after the four months has already closed. Where notice is not given, the claim is barred three years after the decedent's death (§700.3803(1)(c)). A claim already barred at the decedent's domicile before publication in Michigan is barred here too, and §700.3803(3) exempts proceedings to enforce a mortgage, pledge or other lien on estate property and claims to the extent of liability insurance. In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.

How to skip full probate (or shrink the bill)

• Small-estate procedure. MCL 700.3982 sets the 'Petition and Order for Assignment' small-estate threshold on the gross estate after funeral and burial expenses. The statutory base is $50,000, set by 2024 PA 1, and MCL 700.1210 adjusts it annually. The adjusted amount in force for the current year is not stated here: Michigan's own statute site could not be read from this environment, and the annual figure is published by the State Court Administrative Office rather than carried in the section. A separate Transfer by Affidavit procedure under MCL 700.3983 uses the same threshold and is available 28 days after death.
• Real-property shortcut. Michigan does not have a statutory transfer-on-death deed, but Lady Bird (enhanced life estate) deeds are widely recognized and routinely used to pass real estate at death outside probate while preserving the owner's lifetime control. Summary administration is also available when estate assets don't exceed allowances, exempt property, costs of administration, funeral, and last-illness medical expenses (MCL 700.3987).
• Transfer-on-death deed. Michigan does NOT have a statutory transfer-on-death deed for real estate, but Michigan courts widely recognize Lady Bird (enhanced life estate) deeds, which serve a nearly identical function. The owner records a deed reserving a life estate with full lifetime control; on death, the property passes to the named remainder beneficiary outside probate.
• A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
• Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
• Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.

Whether representation is required in Michigan

Michigan does not require an estate to be represented by counsel in every proceeding; the court’s self-help materials set out where a personal representative may file without an attorney. Full probate carries formal filing requirements and statutory deadlines, and estates qualifying for a small-estate or summary procedure follow a shorter track with lower filing costs. Legal document preparers operate in some states at a flat fee, subject to state rules on unauthorised practice.

What the record shows

Probate cost in Michigan is the sum of separately-set components: statutory or court-approved attorney fees, executor commissions, court filing fees, and appraisal costs. Each is documented above with its citation.

Assets that pass outside probate — by beneficiary designation, joint ownership with survivorship, transfer-on-death instrument, or a funded living trust — are not part of the estate these fees are calculated on. Michigan’s small-estate threshold, above, determines which estates can use the simplified procedure.

Frequently asked questions about probate cost in Michigan

How much does probate cost in Michigan?

Michigan does not set attorney or executor fees by statute — both are paid 'reasonable compensation.' What's unique to Michigan is a mandatory probate inventory fee under MCL 600.871, calculated on the sliding scale in MCL 600.871(1): (g) $362.50 plus 1/8 of 1% of the amount over $100,000 for estates of $100,000 to $500,000; (h) $62.50 for each additional $100,000 over $500,000; (i) $31.25 for each additional $100,000 over $1,000,000 — so $362.50 at $100,000, $862.50 at $500,000 and $1,175 at $1,000,000. Attorney fees are not set by statute in Michigan. We found no published source for what probate costs in total in Michigan as of September 2026; the ranges that are published come from law firms and from sites paid to refer customers to them.

What is the small-estate limit in Michigan?

MCL 700.3982 sets the 'Petition and Order for Assignment' small-estate threshold on the gross estate after funeral and burial expenses. The statutory base is $50,000, set by 2024 PA 1, and MCL 700.1210 adjusts it annually. The adjusted amount in force for the current year is not stated here: Michigan's own statute site could not be read from this environment, and the annual figure is published by the State Court Administrative Office rather than carried in the section. A separate Transfer by Affidavit procedure under MCL 700.3983 uses the same threshold and is available 28 days after death.

Who pays the probate costs in Michigan?

The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.

Can you avoid probate costs in Michigan?

Michigan's probate inventory fee (under MCL 600.871) is calculated on the date-of-death value of probate assets, less any indebtedness secured by real property in the estate (MCL 600.871(2)), so reducing the probate estate has direct dollar value. Lady Bird deeds are widely used in Michigan because they avoid both probate and the inventory fee, while preserving Medicaid estate-recovery protection.

How long does probate take in Michigan?

We found no published source for how long probate takes in Michigan as of September 2026. No Michigan court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Four months after the date of publication of the notice to creditors, where notice is given in compliance with MCL 700.3801 or 700.7608 (MCL 700.3803(1)(a)). For a creditor known to the personal representative at the time of publication or during the four months after it, the period is the later of those four months or one month after the notice is subsequently sent to that creditor (§700.3803(1)(b)) — so a creditor notified late runs on the one-month leg, which can end after the four months has already closed. Where notice is not given, the claim is barred three years after the decedent's death (§700.3803(1)(c)). A claim already barred at the decedent's domicile before publication in Michigan is barred here too, and §700.3803(3) exempts proceedings to enforce a mortgage, pledge or other lien on estate property and claims to the extent of liability insurance. The deadlines that run alongside it: How Long Does Probate Take in Michigan?.

Related reading

• What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.

• How to Avoid Probate in Michigan — the state-specific avoidance playbook.

• How Long Does Probate Take in Michigan? — the companion timeline guide for Michigan.

• What Happens If You Die Without a Will in Michigan? — how Michigan splits an estate when there is no will.

• Will vs. Trust: How They Differ — the documented differences between the two instruments.

• Estate Planning Checklist: Everything in One Place — the documents and decisions that determine what passes through probate.

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This page explains Michigan probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Michigan courts or a licensed Michigan attorney. Sources: MCL 700.3719, MCL 700.3715, MCL 700.3721, MCL 600.871, MCL 700.3801, MCL 700.3982, MCL 700.3983, MCL 700.3987, MCL 700.1210.