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Informal vs. Formal Probate Proceedings

July 31, 2025 | Posted by: Anchor Bay Law

Michigan law provides for two main types of probate administration: informal and formal.

Informal Probate

Informal probate is the most common type. It proceeds without regular court hearings and is handled by a probate register, making the process quicker and less expensive. A personal representative is appointed, creditors are notified, inventories and accountings are filed, property is transferred, and the estate is closed after all legal requirements are met. Despite the streamlined process, personal representatives still have serious duties and must follow all legal steps precisely.

Formal Probate

Formal probate is used when disputes arise or when additional judicial oversight is needed. It involves a probate judge and may be initiated to determine the validity of a will, settle conflicts among heirs, appoint a personal representative, or resolve objections regarding the estate. Even in formal proceedings, much of the administration may proceed unsupervised unless a party petitions for supervision.

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