Updated July 26, 2026. Quick answer: Michigan sets probate compensation using “reasonable” compensation with no percentage schedule. The two numbers that decide what an estate actually pays are the fee basis and the small-estate threshold — and whether that threshold reaches real estate, which is where most published guidance goes wrong.
What probate costs in Michigan
| Item | Michigan |
|---|---|
| Fee model | reasonable-fee |
| What the fee is calculated on | EPIC: reasonable compensation for PR and attorneys (MCL 700.3719); no compensation percentage schedule. NOTE: Michigan does levy a value-scaled probate court ‘inventory fee’ on every estate (MCL 600.871) — see filing fees. |
| Court filing fee | $175 to commence probate proceedings, plus the value-based inventory fee under MCL 600.871 (e.g., $68.75 + 0.5% of the amount over $10,000 for estates $10k-$25k; continues scaling with estate value) — official Michigan Courts fee tables |
| Small-estate threshold | $53,000 for deaths in 2026 (official Michigan Treasury annual adjustment notice) — small estate petition/assignment under MCL 700.3982 (base raised $15,000 → $50,000 by 2024 PA, indexed per MCL 700.1210); transfer-by-affidavit (MCL 700.3983) uses the same indexed figure; up to $264,000 of real-estate debt deductible in the 2026 calculation. |
Why Michigan has no single answer
Michigan does not publish a percentage schedule that produces one number, so any source quoting you a firm figure is estimating. What the statute actually fixes is the standard: EPIC: reasonable compensation for PR and attorneys (MCL 700.3719); no compensation percentage schedule. NOTE: Michigan does levy a value-scaled probate court ‘inventory fee’ on every estate (MCL 600.871) — see filing fees. That makes three things decide the bill — how many billable hours the administration takes, whether any beneficiary contests, and whether the estate qualifies for the small-estate route below and skips most of it. Get the fee basis in writing before engaging anyone.
For states that DO publish a schedule, and to compare, use the probate cost calculator.
What is the small estate limit in Michigan?
$53,000 for deaths in 2026 (official Michigan Treasury annual adjustment notice) — small estate petition/assignment under MCL 700.3982 (base raised $15,000 → $50,000 by 2024 PA, indexed per MCL 700.1210); transfer-by-affidavit (MCL 700.3983) uses the same indexed figure; up to $264,000 of real-estate debt deductible in the 2026 calculation.
Michigan answers this, and which route you use decides it. The petition and order for assignment under MCL §700.3982 can reach real property: for deaths on or after January 1, 2024 the statute sets out how to value it, deducting an encumbrance of up to $250,000 from the property’s value. The separate transfer-by-affidavit under §700.3983 does not reach real property at all.
Full thresholds for every state: small-estate limits by state.
If the estate is still being planned rather than settled, the usual way to keep a house out of probate entirely is a living trust, which carries its own upfront cost: whether a living trust is worth it in Michigan.
Does a house have to go through probate in Michigan?
Not always, but the route you pick decides it — and this is the distinction most summaries blur. A petition for assignment under MCL §700.3982 (form PC 556) can assign real property, and the statute even tells you how to value an encumbered house, deducting up to $250,000 of the debt secured on it for deaths on or after January 1, 2024. The transfer-by-affidavit route under §700.3983 cannot reach real property at all. Getting that wrong costs a filing, and the time to sort it out is while the owner is alive and has options. A fiduciary advisor can price the exposure alongside the rest of the estate picture. talk to someone about the whole estate picture. You can also run the numbers yourself first with the probate cost calculator — no email required.
How Michigan compares to the other 50
Michigan’s small-estate threshold of $53,000 ranks 25 of 50 jurisdictions with a stated figure, and sits close to the national median of $51,500. The range runs from $15,000 at the bottom to $400,000 at the top, so where an estate falls relative to the line matters far more than any national “average probate cost” figure. On fee model, Michigan is one of 30 of 51 jurisdictions using the reasonable-fee approach.
Death taxes in Michigan, separately
Michigan levies neither an estate tax nor an inheritance tax, which is true of 34 jurisdictions. That is a different question from probate cost and is decided by different statutes, but families routinely conflate the two.
What this does not include
The figures above are the probate cost — the court and compensation side of settling an estate. They are separate from any state estate tax or inheritance tax, which are taxes on the transfer itself and are owed whether or not the estate goes through probate. Appraisal, bond premium, publication, and real-estate commissions if property is sold are additional and are not set by the fee statute.
Before you hire anyone
- Ask which statute the fee is charged under, and get the citation. In Michigan the governing provisions are below.
- Ask whether the quoted fee is calculated on gross value or net of debts. Gross-value states charge on the full house value even if a mortgage covers most of it.
- Ask whether the personal representative is also claiming compensation, and on what basis.
- Ask in writing whether the estate qualifies for the small-estate route, and if a solely owned house is involved, whether that route reaches it.
Primary sources
- MCL 700.3719
- MCL 700.3982
- MCL 700.1210
- MCL 600.871
Michigan in the rest of the picture
Probate cost is one of four things Michigan decides for a retiree and their heirs. The other three — income tax on withdrawals, estate tax, and inheritance tax — are priced separately:
- Every tax Michigan charges a retiree: Michigan retirement taxes
- What a move out is worth: leaving Michigan
- Corridor comparison: Michigan To Florida
- Corridor comparison: Michigan To Georgia
- Corridor comparison: Michigan To North Carolina
- Corridor comparison: Michigan To South Carolina
Compare and calculate
Probate cost by state compares all 51 jurisdictions side by side. The probate cost calculator prices a specific estate. If a move is on the table, retirement tax relocation prices probate alongside the three other taxes that change with residency.
Cite or share this guide: “Michigan Probate Cost (2026),” statute-cited; clearmoneyguide.com/michigan-probate-cost/. Free to cite with attribution.