Why No Estate Plan Is Complete Without a Power of Attorney
Probate Court in Michigan: What It Is, Why It Exists, and How to (Mostly) Avoid It
Let’s be honest—“probate” sounds like one of those legal words that makes people’s eyes glaze over. But if you’ve ever lost a loved one, or if you're planning ahead for your own peace of mind, understanding probate can make a huge difference.
In this post, we’re breaking it all down:
✅ Why probate exists
✅ How it works in Michigan
✅ And most importantly—how to minimize or avoid it altogether with the right estate plan
⚖️ First Things First: What Is Probate Court?
Probate court gets a bad rap, but it serves an important purpose. It’s the legal process that makes sure:
A deceased person’s assets go to the right people
Guardians are appointed for any minor children
Any disputes among heirs get resolved fairly
Creditors get paid before assets are distributed
But here's the catch: probate can be slow, expensive, and stressful—especially if there’s no will or plan in place. That's why understanding (and planning for) probate matters so much.
👀 Real Talk: Why Should You Care About Probate?
Imagine this:
Your uncle passes away unexpectedly. He owned a house, had a few bank accounts, and didn’t leave a will. Now, the family is arguing over who gets what, and no one knows who should take care of his teenage son. Everything is frozen while the court figures it out.
Sound like a nightmare? That’s probate without a plan.
When Is Probate Required in Michigan?
Probate usually kicks in when someone dies and leaves behind assets in their name alone—with no joint owners or named beneficiaries.
Common examples:
A home owned solely by the deceased
Bank accounts without a pay-on-death (POD) beneficiary
Investments with no transfer-on-death (TOD) setup
Personal property above Michigan’s small estate threshold (currently $25,000 as of 2023)
💡 Tip: If the estate is small enough, it might qualify for a simplified version of probate. We’ll help you figure that out.
🚫 No Will? Here’s What Happens
When someone dies without a will (called intestate), Michigan law decides who inherits their stuff. And spoiler alert: the results might surprise you.
Here’s the order of who typically inherits:
Spouse and children (but it’s not always a 50/50 split)
Parents
Siblings
Extended family
Now think about this:
Your unmarried partner? ❌ Gets nothing.
Your best friend you always said would raise your kids? ❌ Not even considered.
That charity you care about? ❌ Completely left out.
A will gives you control. Probate without one gives control to the state.
🧒 What About Guardians for My Kids?
If you have minor children and haven’t legally named a guardian, the court chooses one. Judges do their best, but:
They may pick someone you wouldn’t
Family members might disagree (cue the drama)
Your child may end up with someone who doesn’t share your values
👶 Pro tip: You can name a guardian in your will or separate guardianship document. It’s one of the most important decisions you’ll ever make.
✍️ How to Dodge (or Minimize) Probate Court
Okay, so how do you keep your family out of court?
1. Create a Will or Trust
A will names who gets what and who cares for your kids.
A revocable living trust skips probate entirely for assets you place in it.
2. Use Beneficiary Designations
Add POD/TOD designations to your:
Bank accounts
Retirement plans
Investment accounts
3. Own Property Jointly
Property with right of survivorship passes automatically to the co-owner.
4. Keep Your Plan Updated
Life changes—so should your plan. Marriage, divorce, new kids, or moving? Time for a quick check-up.
🚨 What Happens If You Don’t Plan?
No plan = probate court takes over. That could mean:
❌ Higher costs: legal fees, court fees, and delays
❌ More stress: family arguments, confusion, emotional toll
❌ Lost opportunities: missed tax breaks or asset protection options
We Make Estate Planning Simple (and Human)
We get it—thinking about probate isn’t exactly fun. But it’s way better than dealing with it after the fact.
At our offices in Detroit, Dearborn, and Royal Oak, we’ve helped families across Southeast Michigan:
Protect their assets
Avoid unnecessary court involvement
Ensure their kids and loved ones are taken care of
Want to keep your family out of probate court drama?
Let’s start planning—the easy way.
🗓️ Book a consultation today
📍 Proudly serving Detroit, Dearborn, Royal Oak & all of Southeast Michigan
🛡️ Peace of mind is just a conversation away
We Make the Process Simple and Convenient
Start by booking a free 15-minute Estate Plan Chat. We’ll discuss your general goals and see if we might be a good fit to work together.
Not ready for a chat but still want to learn more? Click here to download our free Estate Planning Checklist.