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The Probate Bond Experts
Probate in Michigan is handled by the Probate Court in each of the state's 83 counties. The Probate Court appoints the personal representative, oversees the administration of estates, and also handles guardianships and conservatorships. Most estates can proceed informally, with a probate register issuing Letters without a hearing, while contested or complex matters go through formal proceedings before a judge.
Michigan administers estates under the Estates and Protected Individuals Code, MCL Chapter 700, known by its popular name EPIC, which is based on the Uniform Probate Code. The estate fiduciary is called the personal representative, known as an executor when named in a will and an administrator when appointed without one. The bond rules sit in Sections 700.3603 through 700.3606.
Michigan imposes no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
When a Michigan bond is required, the amount is set under MCL 700.3604:
Michigan follows the Uniform Probate Code approach, so a bond is the exception. Under MCL 700.3603:
Filing a Michigan probate bond, when one is required, follows EPIC and Probate Court practice:
A bond is often not needed in Michigan, so many estates pay no bond premium at all. When a bond is required by the will or a demand, the cost is a premium paid to the surety company:
Beyond the standard personal representative bond, Michigan probate practice uses several additional bond types:
Michigan does not run a licensing board for private professional fiduciaries, but EPIC places clear duties on every personal representative:
You can check pricing or apply online once you know the bond type ordered by the court. Applications must match the bond type and amount specified in your court order or legal documents.
APPLY NOWOften no. Under EPIC, no bond is required of a personal representative appointed in informal probate, which covers most estates. A bond is required when the will requires one, on the appointment of a special personal representative, or when an interested person demands one under MCL 700.3605.
A bond is required when an estate is administered under a will that expressly requires it, on the appointment of a special personal representative, or when a person with an interest over $30,000 or a creditor with a claim over $30,000 files a demand for bond.
Under MCL 700.3605, a person with an interest in the estate worth more than $30,000, or a creditor with a claim over $30,000, may file a written demand for bond. Once filed, a bond is required, and the personal representative must file it within 28 days or face removal.
When a bond is required, most Michigan probate bonds cost about 0.5% to 1% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $1,000 per year. Small bonds carry a minimum premium of about $100 to $150.
Under MCL 700.3604, the bond reflects the value of the personal estate plus expected income during administration, less assets the personal representative cannot reach without a court order. The amount can be reduced by cash or collateral deposited to secure performance.
Most Michigan probate bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. We keep the process moving so you can meet any deadline the court or a demand for bond sets.
Yes. Credit is one factor but not the only one. We work with multiple surety companies and can often find an approved program for applicants with credit challenges, sometimes with a co-signer or collateral.
The Probate Court in the county where the decedent lived handles probate. Each of Michigan's 83 counties has a Probate Court, which also oversees guardianships and conservatorships.
Michigan uses personal representative as the umbrella term. A person named in a will is an executor, and a person the court appoints when there is no will is an administrator, but EPIC treats both as a personal representative of the estate.
No. Michigan has no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
When required, the bond protects the heirs, devisees, and creditors of the estate from loss caused by a personal representative who fails to perform faithfully. The surety consents to the Probate Court's jurisdiction, and the bond can be claimed against up to its penalty.
When a bond is required, it stays in force until the estate is closed and the court discharges the personal representative. For estates that stay open across more than one year, the premium is charged annually until that discharge.
Yes. Even where no bond was required at appointment, an interested person can demand a bond under MCL 700.3605, and in a formal proceeding the court may order one when it finds a bond necessary to protect the estate.
Often yes. A conservator appointed under EPIC to manage the estate of a minor or a legally incapacitated individual is generally required to post a bond, and a guardian responsible for property may be required to as well.
No. A probate bond is a surety bond, not insurance for the fiduciary. It protects the heirs, devisees, and creditors. If the surety pays a claim, the personal representative is legally obligated to repay the surety.
No. A small estate that qualifies for transfer by affidavit or summary proceedings is handled without a full appointment, so a bonded personal representative is generally not involved.
After a demand for bond under MCL 700.3605, the personal representative may not exercise fiduciary powers except as necessary to preserve the estate until the bond is filed, and must file a suitable bond within 28 days or be subject to removal.
You file the bond with the Probate Court in the county where the estate is opened, generally where the decedent was domiciled, before Letters of Authority are issued. You may not act until the bond is filed.
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Find Michigan Probate Courts by County
Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our Michigan probate court directory. We list every county court in Michigan with contact information and links to local forms.
Michigan Probate Court Directory