Michigan Probate Costs, Fees & Small Estate Rules
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Probate filing fee
- $150 statewide (+$25 e-filing)plus a value-based inventory fee
- Small-estate threshold
- $53,000 (2026)indexed annually; petition for assignment can include real property
- Small-estate petition fee
- $25
- Where filed
- Probate Court (each county)
Michigan charges a flat $150 statewide to open a decedent estate (plus the $25 e-filing system fee where it applies), followed by an inventory fee scaled to the estate's value — the probate court's percentage-based charge on assets. The small-estate petition for assignment costs just $25.
Michigan indexes its small-estate limit annually: for 2026 it is $53,000. Two tools share that limit — the court-ordered assignment (which can include real property) and the out-of-court transfer by affidavit for personal property after a 28-day wait. Unsupervised administration keeps most full probates out of the courtroom.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Filing fee (decedent estate) | $150 (+$25 e-filing) | Official fee |
| Small-estate petition for assignment | $25 | Official fee |
| Inventory feeset by MCL 600.871 schedule | value-scaled (e.g., ~$363 on a $100,000 estate) | Official fee |
| Publication (unknown creditors) | $60–$150 | Estimate |
| Attorney — routine estate | $2,500–$7,000+ | Estimate |
Fees per the SCAO probate fee table; the inventory fee follows the statutory schedule. Estimates are market figures.
Requirements
| Requirement | Rule |
|---|---|
| Small estate (2026) | ≤ $53,000 after funeral/burial costs — petition for assignment (MCL 700.3982) or 28-day transfer by affidavit (MCL 700.3983, personal property only) |
| Spouse/exempt allowances | Homestead allowance, family allowance and exempt property come off the top (indexed figures) |
| Unsupervised administration | Default informal probate through the register; supervised only on request/need |
| Creditor period | 4 months from publication |
The process, step by step
- Check the small-estate tools. Estate ≤ $53,000 (2026, after funeral costs) → $25 petition for assignment (works even with real property), or wait 28 days and use the transfer-by-affidavit form for personal property.
- Open the estate. Application (informal) or petition (formal) with the county probate court; $150 + $25 e-filing; the register appoints the personal representative.
- Notice and inventory. Notify heirs/devisees, publish for unknown creditors (4-month claim window), file the inventory and pay the inventory fee.
- Administer. Unsupervised PRs act without court orders — sell, pay, distribute per the will or intestacy.
- Close. Sworn statement of closing (informal) or petition for complete settlement (formal).
Forms & where to file
Probate Court of the county where the decedent lived.
Frequently asked questions
How much does probate cost in Michigan?
$150 to file (plus the $25 e-filing fee), then a value-based inventory fee — roughly $363 on a $100,000 estate under the statutory schedule. The small-estate petition is only $25.
What is Michigan's small-estate limit?
$53,000 for deaths/filings in 2026 — the base $50,000 (for deaths on or after Feb 21, 2024) indexed annually by Treasury. Two procedures share it: the court assignment (can include real property) and the 28-day transfer by affidavit (personal property only).
What is the inventory fee?
Michigan's distinctive probate charge: a sliding-scale court fee calculated on the gross value of estate assets, due when the inventory is filed.
Is Michigan probate court-intensive?
Not usually — unsupervised (informal) administration is the norm: after appointment, the personal representative administers and closes the estate largely without hearings.
Related information
Sources & verification
- Michigan SCAO — probate court fee table
- Michigan Treasury — 2026 EPIC cost-of-living adjustments ($53,000)
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.