Understanding Assets in the Michigan Probate Process

Not every asset a person owns automatically transfers after their death. Some require probate court oversight to confirm ownership, settle debts, and distribute property properly. Assets typically included in the probate process are those that were owned solely in the deceased person’s name, without a joint owner or beneficiary designation.

This may include real estate, vehicles, and financial accounts held individually. The deceased’s share of jointly owned property registered as tenants-in-common also passes through probate, as do unregistered assets like jewelry, art, collectibles, and furniture. These items are inventoried, appraised, and reported to the court before they can be distributed.

Our attorneys assist clients through each step—verifying ownership, determining fair market value, and ensuring that the estate meets Michigan’s legal requirements for probate distribution. 

Many assets can be transferred directly to beneficiaries without probate. When ownership or beneficiary designations are properly set up in advance, these assets pass automatically to the intended recipient.

Common non-probate assets include property held in joint tenancy, where ownership transfers immediately to the surviving joint tenant. Assets placed in a living trust are also excluded, as they are legally owned by the trust, not the individual. Accounts such as IRAs, 401(k)s, and life insurance policies with designated beneficiaries bypass probate entirely.

Additionally, payable-on-death (POD) and transfer-on-death (TOD) accounts at financial institutions can be claimed by the named individual upon presentation of a death certificate. Assets registered as community property with right of survivorship and property left directly to a surviving spouse also avoid probate. Our attorneys help clients understand and use these tools effectively to simplify estate administration and reduce future stress for their families.

After being appointed by the court, the executor—or personal representative—has the legal duty to gather and secure all probate assets. This process includes identifying each item, transferring ownership into the estate’s name, and filing an inventory with the probate court within 91 days.

Assets that often require title changes include real property, vehicles, bank accounts, and investment holdings. Once secured, these assets can be managed, sold, or distributed under court supervision. Our firm guides executors through these steps, ensuring every legal requirement is met and the estate is protected from potential claims or disputes.

Proper asset collection is a critical stage in probate administration, and having an experienced attorney ensures nothing is overlooked and deadlines are met on time.

Before the estate can be distributed to beneficiaries, all valid debts and final expenses must be paid. This includes utility bills, credit card balances, medical costs, funeral expenses, and applicable taxes. The executor, once formally appointed, can pay these obligations directly from estate funds without additional court approval.

Our attorneys assist in reviewing creditor claims, managing notices, and prioritizing payments to ensure compliance with Michigan probate law. Handling these obligations efficiently helps avoid disputes, protects the estate’s assets, and allows the executor to move forward confidently with the final distribution of property.

If you’re uncertain which assets are included in probate or how to begin the estate administration process, Mihelich & Kavanaugh, PLC can help. Our experienced probate attorneys provide step-by-step support for executors, administrators, and families across Michigan. We’ll help you identify which assets require court involvement, explain how ownership and designations affect probate, and guide you through each stage with clarity and compassion.

Call our office today or fill out our secure online form to schedule your consultation. Let us help you navigate the probate process, protect your loved one’s estate, and move forward with confidence.