- Appointment. A sale usually can't close until the personal representative has been appointed and has letters.
- Creditors. After appointment, the personal representative publishes a notice giving creditors 4 months to present claims (MCL 700.3801). Your attorney will advise whether this affects when proceeds can be distributed.
- One year. If the estate is not settled within a year, the personal representative must send a notice of continued administration (MCL 700.3703(4); SCAO PC 572).
- The property itself. Clean-out, repairs, utilities and insurance on a vacant house often drive the timeline as much as the court process.
Do I have to fill out a Seller's Disclosure Statement?
Sources: EPIC MCL 700.3501, 700.3703, 700.3711, 700.3715, 700.3801, 700.3982, 700.3983 (legislature.mi.gov); MCL 565.953; SCAO form PC 572 (courts.michigan.gov); Monroe County Probate Court.
Probate Real Estate in Michigan: What Personal Representatives Should Know
By Jacob Tremblay, Probate-Focused Agent, Tremblay Real Estate Team | Real Broker LLC. Last reviewed: October 31, 2026. Legal sources cited below.
This page is general information about Michigan real estate and probate, not legal advice. Probate rules depend on the will, the court's orders and the facts of each estate. Talk with a Michigan probate attorney before acting.
When someone dies owning a house in their name alone, the house often passes through probate before it can be sold or transferred. In Michigan, the probate court appoints a personal representative (often called an executor) to manage the estate. This guide explains, in plain terms, how a house usually fits into that process and where a real estate agent can and cannot help.
What is probate real estate?
Probate real estate is property that is handled through a deceased person's estate under court supervision or court-issued authority. In Michigan, these rules are in the Estates and Protected Individuals Code (EPIC), MCL 700.1101 and following. Property held in a trust, held jointly with right of survivorship, or covered by a valid beneficiary or lady bird deed may pass outside probate. Your attorney can confirm which applies.
Who can sell a house in a Michigan estate?
- The personal representative. Once appointed, a personal representative has the same power over estate property title that an absolute owner would have, held in trust for creditors and others interested in the estate, and may use it without notice, hearing or court order (MCL 700.3711), unless the will or a court order restricts it.
- EPIC lists selling estate property among a personal representative's powers (MCL 700.3715(1)(y)).
- Check your Letters of Authority. Michigan's form for Letters of Authority (SCAO PC 572) can limit authority, including "no authority over the estate's real estate" in some cases. A buyer's title company will ask for current letters.
- A personal representative is a fiduciary who must act in the best interests of the estate and settle it as efficiently as is consistent with those interests (MCL 700.3703).
Supervised vs. unsupervised administration
Most Michigan estates are handled without ongoing court supervision. In a supervised administration, the personal representative is responsible to the court and is subject to its directions (MCL 700.3501), and additional filings such as an inventory within 91 days apply (SCAO PC 572). If your estate is supervised, ask your attorney whether a sale needs court approval before you sign a purchase agreement.
Timing: what can affect when the house sells
Michigan's Seller Disclosure Act does not apply to transfers ordered by a probate court in administering an estate, or to transfers by a nonoccupant fiduciary in the course of administering a decedent's estate (MCL 565.953(a) and (d)). Ask your attorney whether an exemption fits your situation. Even when the form is not required, a seller should not hide known problems.
Small estates
Some small estates can avoid full probate. Michigan's affidavit procedure for small estates is not available when the estate includes real property (MCL 700.3983(1)(a)). The court may order property worth $50,000 or less (after funeral and burial expenses) turned over to a surviving spouse or heirs (MCL 700.3982; the dollar figure is adjusted under MCL 700.1210). Your attorney can tell you whether either applies.
How a probate-focused agent helps
- Walk the property with you and list what needs attention before a sale
- Prepare a comparative market analysis (not an appraisal) to help you and your attorney decide on price
- Keep the personal representative and, if you have one, the estate's attorney updated through closing
- Work with title companies on the documents they need from an estate
What we don't do: give legal or tax advice, act as an appraiser, or decide how proceeds are divided.
Probate real estate in Monroe County and Downriver
Estates for Monroe County residents are handled by the Monroe County Probate Court, 125 E. Second St., Monroe, MI 48161. Downriver communities are in Wayne County, where estates go through the Wayne County Probate Court.
Frequently asked questions
Can I list the house before I'm appointed personal representative?
You can talk with an agent and prepare, but generally only an appointed personal representative with current letters of authority can sign a listing agreement and purchase agreement for the estate. Confirm with your attorney.
Do the heirs all have to agree to the sale?
A personal representative has authority to sell unless the will or a court order restricts it (MCL 700.3711, 700.3715). Keeping heirs informed often prevents disputes. If heirs disagree, talk with your attorney.
Does the house have to be sold "as is"?
No. Many estates sell as-is to save time and money, and some make repairs first. We'll show you what each choice could mean for price and timing.
Who pays the real estate commission?
Commission is negotiable and is set in the listing agreement. It is usually paid from the sale proceeds at closing.
Do you work with my attorney?
Yes. With your permission, we keep your attorney informed and follow their guidance on court requirements.
More guides
Talk with a probate-focused agent
Tell us where the estate stands and what the property needs. We'll explain the options.