Dying Without a Will in New Baltimore and Macomb County Michigan | Step-by-Step Probate Help

November 4, 2025 | Posted by: Anchor Bay Law PLLC - New Baltimore Trusted Lawyers

What to Do When a Loved One Passes Without a Will in Michigan: A Step-by-Step Probate Guide

Losing a loved one is never easy. Beyond the emotional challenges, families in Michigan often find themselves facing confusing legal and financial questions, especially when the person who passed away did not leave a will. Without a clear plan in place, many families in Macomb County, New Baltimore, and surrounding communities such as Chesterfield and Harrison Township are unsure what steps to take next.

When someone dies without a will in Michigan, their estate is considered intestate. This means the state’s probate court determines who inherits their assets according to Michigan’s intestate succession laws. The process can be intimidating, but with the right guidance, families can navigate it successfully and protect their loved one’s legacy.

This step by step guide explains how the probate process works in Michigan when there is no will, who gets what under state law, and how an experienced probate attorney can make the process smoother and less stressful. For one on one help, see our Probate and Estate Administration services and Estate Planning, Wills, and Trusts.

Understanding What Happens When There Is No Will

In Michigan, if someone passes away without a will, their property does not automatically go to their closest family member. Instead, Michigan’s intestate succession laws, which are outlined in the Estates and Protected Individuals Code (EPIC), decide who receives what.

Here is a simplified overview:

• If the deceased person was married, the surviving spouse generally receives the largest share
• If there are children from that marriage, the spouse typically inherits the first portion of the estate, a calculation based on state law that adjusts annually, plus half of what remains, while the rest goes to the children
• If there are children from a previous relationship, the spouse’s share is smaller, and the remainder is divided among the children
• If the person was not married, their children inherit everything
• If there are no children, the estate passes to parents, and if they are not alive, to siblings

This can create complex family situations, especially when blended families, stepchildren, or estranged relatives are involved. The probate court’s goal is to distribute property properly under the law, but it cannot always account for personal relationships or the wishes the deceased might have had.

Step 1: Determine Whether Probate Is Needed

Not every estate in Michigan needs to go through full probate. There are simplified options depending on the value and type of assets.

For example:

• If the total value of the estate, minus certain costs, is $51,000 or less in 2025, a Small Estate Affidavit may be used instead of full probate
• If the deceased owned real estate jointly with someone else or had Transfer on Death (TOD) designations or a Lady Bird Deed on certain property, those assets pass directly to the co owner or beneficiary without probate

However, when there is real estate in the deceased person’s name alone, or when significant assets are involved, formal probate is usually required. That is when it is best to contact a Michigan probate attorney who can confirm what level of court involvement is needed.

Step 2: File a Petition to Open Probate

To begin the probate process, someone must file either an Application or Petition for Probate, the process varies depending on the circumstances, with the Macomb County Probate Court, St. Clair County Probate Court, or the county where the deceased was domiciled when they passed away. This person is often a close family member, such as a spouse, child, or sibling.

The application or petition asks the court to appoint a personal representative, sometimes colloquially called an executor, to manage the estate. When there is no will, the court uses Michigan’s priority list to decide who is best suited for the role. MCL 700.3203 contains the priority list for personal representative, the surviving spouse has the highest priority, followed by other heirs, children and other relatives.

Once appointed, the personal representative is responsible for collecting assets, paying debts, filing taxes, and eventually distributing property according to state law.

Step 3: Notify Creditors and Interested Parties

Michigan law requires the personal representative to notify all known creditors of the estate and to publish a notice in a local newspaper. Creditors generally have four months to file any claims for unpaid debts.

This step is important because it protects the personal representative and the heirs from future disputes. If a creditor fails to make a claim within that period, they usually lose the right to collect.

Step 4: Collect and Value the Assets

The next major step is taking inventory of everything the deceased owned. This might include:

• Bank accounts
• Real estate
• Vehicles
• Life insurance proceeds, if no beneficiary is named
• Personal belongings
• Business interests

The personal representative must file an Inventory with the court, detailing the estimated value of each item. For homes and other real estate, this often requires proper valuation of the home and other assets.

This can be one of the most time consuming stages of the process, especially if there are missing documents, unclear titles, or disagreements among family members about property value.

Step 5: Pay Debts, Taxes, and Expenses

Before anyone can inherit, all outstanding obligations must be settled. The personal representative must pay:

• Funeral expenses
• Court and attorney fees
• Credit card balances or medical bills
• Final income taxes and property taxes

In some cases, assets may need to be sold to cover these costs. Only after debts are cleared can the remaining estate be divided among heirs. A personal representative is not individually and personally liable for the debts of the estate. These debts should be paid from the estate assets and not from the personal representative’s own funds.

Step 6: Distribute the Remaining Assets

Once the court approves the final accounting, the personal representative distributes what is left according to Michigan’s intestate succession laws.

Here is a simplified example:

• If a married person with two children dies, the spouse might receive the first $150,000, annually adjusted for inflation, of the estate plus half of the remaining balance. The children share the other half equally
• If there is no spouse, the children inherit everything in equal shares
• If there are no children or spouse, the estate moves to the next closest relatives

The court oversees this process to make sure everything is done legally and fairly.

Step 7: Close the Estate

When all debts are paid and assets distributed, the personal representative files closing paperwork. Once approved, their duties officially end, and the probate case is closed.

How Long Probate Takes in Michigan

The timeline varies, but for estates without a will, probate often takes six months to a year. Complex estates or family disputes can extend the process significantly.

Filing paperwork correctly and on time helps avoid unnecessary delays. That is another reason many families work with a local probate lawyer who knows the Macomb County court system and the St. Clair County court system and can streamline the process. Start here, Probate and Estate Administration.

Common Problems Families Face Without a Will

When someone dies without a will, the biggest challenges usually involve family disagreements or unclear ownership of property. Common issues include:

• Disputes over who should be personal representative
• Conflicts about who gets the family home
• Difficulty locating or valuing assets
• Stepchildren and non marital partners being excluded under Michigan law

The probate court follows strict legal guidelines, but that can feel unfair when family relationships are complicated. An experienced attorney can help explain the law and, in many cases, find resolutions that reduce conflict.

How Anchor Bay Law - Your Michigan Probate Attorney Can Help

The probate process may seem straightforward on paper, but the details can quickly become overwhelming. An attorney from Anchor Bay Law can help with:

• Preparing and filing court documents correctly
• Representing you in probate hearings
• Managing deadlines and creditor claims
• Ensuring the estate is distributed properly under Michigan law

Even small mistakes can cause delays or disputes that cost the family time and money. Having a professional guide can make a major difference, especially during a stressful and emotional period.

Avoiding Probate in the Future

While probate is sometimes unavoidable, there are ways to simplify or prevent it for your own estate. Creating a will, trust, or Lady Bird Deed can allow assets to pass directly to your chosen beneficiaries.

Residents of New Baltimore, Chesterfield, Lenox Township, New Haven, Harrison Township, Ira Township, Clay Township, Casco Township, Richmond, Marine City, Harsens Island and throughout Macomb County and St. Clair County can work with an attorney at Anchor Bay Law to develop a customized plan that fits their family’s needs. A properly structured estate plan ensures your loved ones will not have to face the same challenges. Learn more on our Estate Planning services page and our Probate page.

Key Takeaways

• When someone dies without a will in Michigan, the estate is handled under intestate succession laws
• A personal representative must be appointed to manage the estate through probate court
• Creditors and taxes must be paid before assets are distributed
• The process can take several months to over a year depending on complexity
• Working with an experienced probate lawyer in Macomb County and St. Clair County can save time, reduce stress, and prevent costly errors

Final Thoughts

The loss of a loved one is hard enough without the added burden of legal confusion. Understanding how Michigan’s probate system works can help families make informed decisions and move forward with confidence.

At Anchor Bay Law, the firm’s probate and estate attorney has years of experience helping families in New Baltimore, Chesterfield, Lenox Township, New Haven, Harrison Township, Ira Township, Clay Township, Casco Township, Richmond, Marine City, Harsens Island and throughout Macomb County and St. Clair County navigate the process with care and compassion.

Whether you are currently managing a loved one’s estate or you are ready to set up your own plan to protect your family’s future, Anchor Bay Law is here to help. Contact Anchor Bay Law today to schedule a confidential consultation and get trusted guidance for your Michigan probate or estate planning needs.

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