Selling a House During Probate in Michigan: Step by Step
By Jacob Tremblay, Probate-Focused Agent, Tremblay Real Estate Team | Real Broker LLC. Last reviewed: October 31, 2026.
General information only, not legal advice. The will, the court's orders and your Letters of Authority control what a personal representative may do. Talk with a Michigan probate attorney.
Yes, a house can usually be sold while an estate is open in Michigan. Here is the typical order of steps, and the points where your attorney's advice matters most.
Step 1: Get appointed and get your Letters of Authority
The probate court appoints the personal representative and issues Letters of Authority (SCAO form PC 572). Read them closely: they can restrict authority over real estate. Title companies will ask for a current certified copy.
Step 2: Confirm your authority to sell
A personal representative generally has power over estate property title like an absolute owner, in trust for the estate, without a court order (MCL 700.3711), and may sell estate property (MCL 700.3715(1)(y)), unless the will or a court order restricts it. In supervised administration, the court directs the personal representative (MCL 700.3501); ask your attorney whether court approval is needed.
Step 3: Secure and assess the property
Change locks if needed, confirm insurance on a vacant home, keep utilities on, and walk the property with us to note repairs, contents and safety issues.
Step 4: Price it
We prepare a comparative market analysis. Your attorney or the court may also want an appraisal; for supervised estates, the inventory lists fair market value at the date of death (SCAO PC 572). A personal representative must act in the estate's best interests (MCL 700.3703), so document how the price was chosen.
Step 5: Prepare and list
Decide between as-is and light preparation, arrange clean-out, photos and showings. The listing agreement is signed by the personal representative on behalf of the estate.
Step 6: Review offers
We explain each offer's price, terms, contingencies and timing. Share offers with your attorney when the estate requires it.
Step 7: Close
The title company will ask for the letters and other estate documents. Proceeds go to the estate, not directly to heirs; your attorney advises on creditor claims (MCL 700.3801) and distribution.
How long does it take?
It varies. Appointment, the property's condition, the market, and whether the court must approve the sale all affect timing. We'll give you a realistic estimate after seeing the property.
Frequently asked questions
Do I need court approval to sell?
Usually not in an unsupervised estate if your letters don't restrict real estate (MCL 700.3711). In a supervised estate or where letters are restricted, ask your attorney.
Can an heir living in the house stop the sale?
Talk with your attorney; occupancy issues depend on the facts and may need court help.
Is a seller's disclosure required?
Transfers by a nonoccupant fiduciary administering an estate and court-ordered transfers are exempt from Michigan's Seller Disclosure Act (MCL 565.953(a),(d)).
More guides
- Probate Real Estate in Michigan
- Inherited a House?
- Read client reviews
Ready to talk about the property?
Sources
MCL 700.3501, 700.3703, 700.3711, 700.3715, 700.3801; MCL 565.953; SCAO PC 572.