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    Michigan guide

    What to do when someone dies in Michigan

    Michigan gives the surviving spouse a homestead allowance ($30,000 for 2026 deaths) from the estate, and a small estate affidavit can be used when the estate is worth $53,000 or less for 2026 (adjusted each year) and has no real property. The state also has a strong 100% property tax exemption for surviving spouses of 100% disabled veterans.

    Content updated: October 2026

    What's unique in Michigan

    State-specific rules that affect how an estate is handled here.

    Homestead allowance of $30,000 (2026 deaths)

    Michigan gives the surviving spouse a homestead allowance of $30,000 for 2026 deaths, which takes priority over most other claims. The amount is adjusted each year. Additional family allowances may also be available.

    Probate Court process

    Michigan probate runs through Probate Court in the county where the deceased lived. Michigan's small estate affidavit can be used when the estate is worth $53,000 or less for 2026 (adjusted each year) and has no real property.

    Elective share rights

    The surviving spouse has elective share rights in Michigan. A surviving spouse may elect one-half of what they would have received if there were no will, reduced by half of property received outside the will.

    State income tax and MPSERS

    Michigan has its own income tax. A final state return must be filed. If the deceased was a state employee or teacher, MPSERS survivor benefits need to be claimed separately.

    A glimpse at what Order covers in Michigan

    These are just a few of the Michigan-specific tasks Order surfaces automatically when you select your state.

    File for Michigan probate in Probate CourtLegal & Estate

    Michigan allows a small estate affidavit (form PC 598) with no court order when the estate qualifies. File in the county where the deceased lived.

    Claim the Michigan homestead allowance ($30,000 for 2026 deaths)Legal & Estate

    Surviving spouse is entitled to a homestead allowance ($30,000 for 2026 deaths) from the estate — paid before most creditors. It doesn't arrive automatically; it must be claimed through the Probate Court.

    Review Michigan elective share rightsLegal & Estate

    A surviving spouse may elect one-half of what they would have received if there were no will, reduced by half of property received outside the will.

    Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.

    What families commonly miss in Michigan

    • Michigan's homestead allowance, family allowance, and exempt property set-aside each have to be separately claimed through the Probate Court — none arrive automatically, and families who don't know about them miss these protections entirely.
    • Families sometimes assume every Michigan estate needs a court proceeding, but a small estate affidavit (form PC 598) works with no court order when the estate is worth $53,000 or less for 2026 (adjusted each year) and has no real property.
    • Many Michigan families assume that because there's no state estate or inheritance tax, the estate has no further tax obligations after the final income return — but income the estate earns during administration still requires a separate federal fiduciary tax filing (Form 1041) that most families don't know to expect.

    Deeper reading

    Probate: what families need to know

    Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Michigan.

    Military families in Michigan

    Michigan has additional veteran & survivor benefits

    • Apply for Michigan 100% property tax exemption (surviving spouse of disabled veteran)
    • Contact Great Lakes National Cemetery for burial

    Michigan-specific

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