Expert answers from Michigan's trusted cash home buyers. Questions? Call (269) 389-9961 anytime.
In most cases, yes — unless the deceased used a Transfer on Death (TOD) deed, the property was held in a living trust, or the property was jointly owned with right of survivorship. If the property is titled solely in the deceased's name, probate is required before you can sell.
Michigan formal probate typically takes 5-8 months minimum. Unsupervised administration can be faster if there are no disputes. Contested probate can take years. During this time, the property can be marketed and a purchase agreement signed (contingent on probate completion), but closing cannot occur until Letters of Authority are issued.
A Transfer on Death Deed is a document recorded with the county register of deeds that names a beneficiary to inherit the property automatically upon death — bypassing probate entirely. If the deceased recorded a TOD deed, the named beneficiary can transfer title with an affidavit and death certificate, then sell immediately.
You can market the property and negotiate a purchase agreement before probate is complete, but closing requires the personal representative to have proper legal authority (Letters of Authority). Cash buyers are experienced with probate timelines and can structure contracts to close when the legal requirements are satisfied.
If heirs disagree, any heir can petition the probate court to force the sale (partition action). The court can order the property sold and proceeds divided. This is time-consuming and expensive. Many families find that agreeing to sell quickly to a cash buyer — even slightly below retail — is far preferable to a partition battle.
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