Probate can feel confusing, especially when you’re unsure whether it even applies to your situation. In Michigan, certain events or conditions can trigger the probate process, even when a will is in place. Knowing what causes probate to start can help you plan ahead or handle an estate more confidently.
When probate becomes necessary
Probate begins when someone passes away and leaves assets solely in their name. If the person owned property without a co-owner or didn’t assign beneficiaries, the court needs to step in to transfer ownership. The probate court ensures the debts get paid and the remaining assets go to the rightful heirs.
Situations that require probate
If there’s a will, the court still oversees the process to confirm the document’s validity and make sure it’s followed. When there isn’t a will, probate becomes even more important because the court must decide who receives the property based on Michigan law.
Certain types of property—like real estate titled only in the deceased’s name or bank accounts without payable-on-death instructions—will trigger probate. Even if the total estate is small, Michigan law still requires probate unless it qualifies for a simplified process.
When probate might not apply
Some assets skip probate entirely. For example, life insurance with a named beneficiary, jointly owned property, and retirement accounts with a designated recipient usually pass outside probate. These tools help streamline the process and can reduce court involvement.
Michigan also allows a small estate procedure for assets under a specific value. In those cases, the estate may avoid full probate if it meets the requirements. Still, knowing which property qualifies is important to avoid delays or surprises.
Why understanding probate triggers matters
Knowing what starts the probate process can help you avoid it when possible—or be ready when it’s required. Planning how your property is titled and assigning beneficiaries can save time and reduce stress for your loved ones later on.
