1. Michigan Probate Basics for Sellers
Michigan has three probate levels: Formal Administration (full court supervision, 5+ months), Unsupervised Administration (less court involvement), and Small Estate Procedures (for estates under $25,000 or with no real property). Most inherited homes require at least Unsupervised Administration before the property can be sold.
2. Michigan Small Estate Affidavit
If the total value of the estate is under $25,000 AND there's no real property, heirs can use a Small Estate Affidavit (form PC 598) to collect assets without probate. For real property, you'll need formal probate regardless of value.
3. Transfer on Death Deed in Michigan
Michigan allows Transfer on Death (TOD) Deeds, which bypass probate entirely. If the deceased recorded a TOD deed, the named beneficiary can transfer title by filing an affidavit with the county register of deeds — and can sell immediately. This is the fastest possible inherited property scenario.
4. The Stepped-Up Basis Tax Advantage
When you inherit property, your cost basis resets to the fair market value at the date of death. If Mom bought the house for $60,000 in 1990 and it's worth $180,000 now, your basis is $180,000. A quick sale for $185,000 means you pay capital gains on just $5,000. This is one of the most significant tax advantages available to anyone.
5. Selling During Michigan Probate
You can market and negotiate a sale while probate is pending. We sign a purchase agreement now — contingent on the personal representative receiving Letters of Authority — then close once probate is complete. This locks in the buyer and price while legal formalities proceed.
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