Educational guide — not legal advice. Laws and figures change; confirm current details with a licensed Michigan attorney before relying on them.
The short answer
Michigan does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.
Attorney fees
No statutory schedule. Attorneys for the personal representative are entitled to 'reasonable compensation' (MCL 700.3715(w), 700.3721), typically billed hourly or as agreed; the probate court can review reasonableness on objection.
Executor / personal representative fees
Under MCL 700.3719, a personal representative is entitled to 'reasonable compensation' for services performed — Michigan has no statutory percentage. The PR may pay their own compensation periodically without prior court approval, but if the PR is an attorney, contemporaneous time records are required. Interested persons can challenge fees as unreasonable.
What the fee is based on
Michigan's most distinctive cost is the probate INVENTORY FEE under MCL 600.871, which every decedent estate must pay on the date-of-death value of probate assets. The fee is a sliding scale: e.g., $237.50 + 0.25% over $50,000 on estates $50k–$100k; $362.50 + 0.125% over $100,000 on estates $100k–$500k; flat $62.50 per additional $100,000 up to $1M; $31.25 per additional $100,000 above $1M. Due on closing or within 1 year of opening, whichever is first.
Court filing fees
Typical fees: ~$175 to file an application/petition to open a decedent estate, plus $12 per Letters of Authority (~$187 to open); $23 for most subsequent filings; publication of Notice to Creditors usually $100–$200; plus the MCL 600.871 inventory fee scaled to estate value.
Appraisal / probate referee
Michigan does not use a state-appointed probate referee/appraiser. The personal representative prepares and files the inventory, hiring private appraisers as needed for real estate or unique assets.
How long probate takes in Michigan
Most Michigan decedent estates close in 6 to 12 months. The 4-month creditor-claims period (after publication) sets the practical minimum. Informal/unsupervised administration under EPIC moves fastest; supervised administration or contested matters commonly run 12–24+ months. Contested estates, missing heirs, or real estate sales can extend that.
How to skip full probate (or shrink the bill)
- Small-estate procedure. For decedents dying in 2026, the MCL 700.3982 'Petition and Order for Assignment' small-estate threshold is $53,000 (gross estate after funeral/burial expenses). The statutory base of $50,000 (set by 2024 PA 1) is adjusted annually under MCL 700.1210. A separate Transfer by Affidavit procedure (MCL 700.3983) under the same threshold is available 28 days after death.
- Real-property shortcut. Michigan does not have a statutory transfer-on-death deed, but Lady Bird (enhanced life estate) deeds are widely recognized and routinely used to pass real estate at death outside probate while preserving the owner's lifetime control. Summary administration is also available when estate assets don't exceed allowances, exempt property, costs of administration, funeral, and last-illness medical expenses (MCL 700.3987).
- A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
- Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
- Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.
Do you need a lawyer?
For most Michigan estates that go through full probate, yes — the court process has formal requirements and missed deadlines can cost more than the legal fees they were meant to avoid. For genuinely simple estates, or where a small-estate procedure applies, many families handle it themselves or use a legal document preparer for a flat fee.
The honest takeaway
The cheapest probate cost is the one you avoid in advance — by titling assets correctly, keeping beneficiary designations current, and, where it makes sense, using a living trust. If your estate is likely to exceed Michigan’s small-estate thresholds, it’s worth talking to a licensed Michigan estate attorney while you still have the option to plan.
Related reading
- What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.
- How to Avoid Probate in Michigan — the state-specific avoidance playbook.
- How Long Does Probate Take in Michigan? — the companion timeline guide for Michigan.
- Will vs. Trust: Which Do You Need? — for Michigan residents weighing whether a trust is worth it.
- Estate Planning Checklist: Everything in One Place — the documents and decisions that make probate easier (or unnecessary).
This page explains Michigan probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Michigan courts or a licensed Michigan attorney. Sources: MCL 700.3719, MCL 700.3715, MCL 700.3721, MCL 600.871, MCL 700.3801, MCL 700.3982, MCL 700.3983, MCL 700.3987, MCL 700.1210.