Selling a house in probate in Michigan comes down to four things: who signs, whether a judge approves, what heirs are told and where the money goes. This guide covers each for the personal representative (Michigan's term for an executor) and the heirs. It is general information, not legal advice.

If you are still deciding whether to sell at all, our page on selling an inherited house covers that side.

Can you sell a house during probate in Michigan?

Yes. The personal representative has the same power over the title to estate property that an absolute owner would have, held in trust for creditors and heirs. That power can be used without notice, hearing or court order (MCL 700.3711).

MCL 700.3715 lets a personal representative, acting reasonably for the people interested in the estate, dispose of property, including land, at a public or private sale. The same section says the will or an order in a formal proceeding can restrict that power.

Two limits come first. The power starts on appointment (MCL 700.3701), so nobody can sign for the estate before then. And only property titled in the decedent's name is part of the probate estate, as Macomb County's probate court explains. A house owned jointly with a survivor, or deeded to a living trust, is handled outside probate.

For the short answer, see can a house be sold while in probate in Detroit.

Get appointed, then read your letters of authority

Letters of authority are the court's proof that you can act for the estate. Buyers and title companies will ask to see them.

You file in the probate court of the county where the decedent lived, or where the house is if they lived outside Michigan (Michigan Legal Help). For most Detroit-area estates, that is the Wayne, Oakland or Macomb County Probate Court. There are two ways in:

Informal application: decided by the probate register, with no hearing. You first notify anyone with an equal or higher right to serve, 14 days ahead by mail or 7 days in person (MCR 5.309).
Formal petition: decided by a judge. It fits when the will or the choice of personal representative may be contested.

After appointment, you file an acceptance and any bond the court orders. Only then do letters issue (MCR 5.202). Order certified copies, since the court can certify that the letters are in full force on a given date.

Then read the letters. The state form has a section for limits on your authority (SCAO form PC 572). If it says you may not sell real estate without a court order, you need one.

Supervised versus unsupervised administration

In an unsupervised estate with unrestricted letters, you sell without asking the court. In a supervised estate you answer to the judge as well as the heirs, but you can still sell unless the court restricts that power.

Under MCL 700.3504, a supervised personal representative keeps the usual powers without interim orders. The one fixed exception is distribution: nothing goes to heirs without a prior court order. Any other restriction must be endorsed on the letters. If it is not written there, it does not bind people dealing with you in good faith.

Supervision adds paperwork, since you file the inventory and yearly accounts with the court (MCR 5.310). Michigan Legal Help says judges usually order supervision when someone needs protecting, such as an heir with a disability.

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When does a Michigan probate sale need court approval?

You need a judge's approval when your letters are restricted, when a public administrator serves, or when the sale involves a conflict of interest. Otherwise approval is optional, though you can still ask for it.

Formal and supervised are not the same thing, since a formal estate can be unsupervised. Local practice turns on how the estate was opened:

Wayne County: approval is not required unless the letters are restricted. The court typically restricts letters in estates opened by formal petition.
Oakland County: formal estates get letters saying the personal representative "shall not sell any real estate without further order of the court."
Macomb County: the court posts the state petition and its own proposed order, which can require you to file the closing statement or deed with the court.

State law adds two cases. When the state or county public administrator is the personal representative, any sale of the decedent's real property needs court approval after a hearing (MCL 700.3715). And a sale to the personal representative or their spouse, child, sibling or parent is presumed to be a conflict. An interested person can undo it unless the will allowed it or the court approved it after notice (MCL 700.3713).

Approval starts with a signed purchase agreement and a Petition for Approval of Sale of Real Estate (SCAO form PC 681). Under MCR 5.207, the petition gives the sale's terms and purpose, the legal description and the estate's finances. It attaches the latest tax statement showing the state equalized value. Wayne County also wants the purchase agreement and a $20 filing fee.

The judge may order an appraisal or a bond first (MCR 5.207). Notice of the hearing goes to every interested person 14 days ahead by mail or 7 days in person, unless they sign waivers (MCR 5.108). For a house facing foreclosure, Wayne County sets an emergency hearing within 3 weeks of a petition that explains the urgency.

What notices do heirs get when the house is sold?

Heirs get notice of your appointment, the inventory and an accounting. With unrestricted letters, Michigan does not require a separate notice before a sale, but any heir can ask the court to step in.

Notice of appointment: within 14 days (MCR 5.304). It tells heirs they will receive the inventory and account, and that any of them can petition the court for a hearing on any matter (MCL 700.3705).
Inventory: within 91 days, listing the house at its value on the date of death and any mortgage or lien (MCL 700.3706).
Hearing notice: only when court approval is needed.
Accounting: yearly and at the end, showing what came in and went out, including the sale (MCL 700.3703).

Behind all of it is your duty as a fiduciary. MCL 700.3703 holds you to a trustee's standard of care. Be ready to explain why the price was fair, and share the offer and your reasons with the heirs in writing before you sign.

How the sale works, from offer to closing

An estate sale closes like any other, with the personal representative signing for the estate. The title company reviews your letters and, if they are restricted, the court's order.

A buyer who deals with you in good faith is protected as if you used your power properly. The buyer does not have to look into whether the sale was wise (MCL 700.3714).

At closing, the mortgage, back taxes and liens are paid from the sale. The rest goes into the estate account, not straight to the heirs. Creditors have 4 months from the published notice to file claims (MCL 700.3801). In a supervised estate, nothing is distributed without an order.

When selling after the estate closes is simpler

Waiting is simpler when one heir is keeping the house, or the heirs agree and nobody needs the money soon. The personal representative deeds the house to the heirs, and they sell later as owners, with no letters or court order involved.

A deed of distribution is conclusive evidence that the heir took over the estate's interest (MCL 700.3910). After that, every owner signs the sale, and nobody shows a judge the price.

Waiting has costs. An unsupervised estate can close by sworn statement no earlier than 5 months after appointment, and only after the creditor period has run (MCL 700.3954). Taxes, insurance and utilities keep coming. Our post on the first 30 days after inheriting a Detroit house covers looking after it meanwhile.

Selling during probate tends to be simpler when:

Debts need the money: a mortgage, back taxes or other claims must be paid from the house.
There are many heirs: one signature now is easier than five owners signing later, and one holdout can stall everyone.
The house is empty or far away: each month adds cost and risk.

Our guide to selling a house you inherited in Detroit covers the family decisions around that choice.

When a cash sale fits, and when a listing serves the estate better

A cash sale fits an estate house that needs work, sits empty, carries back taxes or has heirs in other states. A listing may net the estate more when the house is in good shape and the heirs can wait.

We can make an offer within 24 hours. We can close in as little as 7 days when the title is clear; 30 to 60 days is typical. With restricted letters, the closing waits for the court's order. We buy as-is, with no repairs, cleaning, showings or agent commission. Pack what you want and leave the rest. We cover all transfer taxes and closing costs.

The tradeoff is price. We pay fair prices, but not always full market value. For houses needing repairs, we calculate fair prices by subtracting repair costs. You owe the heirs a careful decision, so compare our number with the inventory value and with what a local agent expects a listing to bring. Our FAQ explains how our offers work.

Frequently asked questions

Do all heirs have to agree to sell a house in probate in Michigan?

No. During administration the personal representative holds the power over the title and signs alone (MCL 700.3711). Heirs still have a voice. They receive the inventory and accounts, and any of them can petition the court for a hearing (MCL 700.3705). If an heir objects, asking the court to approve the sale can protect you even where approval is optional.

Can an executor sell a house without court approval in Michigan?

Yes, if the letters of authority are not restricted (MCL 700.3711). Check them first. Wayne County typically restricts letters in estates opened by formal petition, and Oakland County's formal letters bar real estate sales without a further order. A public administrator always needs approval (MCL 700.3715), and a sale with a conflict of interest should have it unless the will allows the deal.

How soon after appointment can the house be sold?

As soon as unrestricted letters issue. The four-month creditor period limits when the estate can close (MCL 700.3954), not when the house can be sold. With restricted letters, add the time to file the petition, give 14 days' notice by mail and attend the hearing, unless every interested person signs a waiver.

Can one heir buy the house from the estate?

Yes, with care. If the buyer is the personal representative, or their spouse, child, sibling or parent, the sale is presumed to be a conflict of interest. An interested person can undo it unless the will allowed it or the court approved it after notice (MCL 700.3713). Get a written appraisal, share it with every heir, and ask a Michigan probate attorney about court approval.

Does the personal representative fill out a seller disclosure statement?

Usually not. Michigan's Seller Disclosure Act does not apply to a fiduciary who does not live in the house and is administering a decedent's estate. It also does not apply to a transfer ordered by a probate court (MCL 565.953). If you lived in the house, ask your attorney. Telling a buyer what you know about the house is still the safer course.

Do you always need probate to sell an inherited house in Michigan?

No. A house owned jointly with a survivor or deeded to a living trust usually passes outside probate. Small estates have shortcuts too. Michigan Legal Help puts the limit at $53,000 for a death in 2026. Under that limit, the court can order the property turned over to the surviving spouse or heirs (MCL 700.3982). A probate attorney can tell you which route fits.

When you are ready to talk

If a cash sale might suit the estate, we can make a no-obligation offer for you and the heirs to compare. Our page on selling an inherited house has more on how it works. You can send us a message or call (313) 217-9851.

How to Sell a House in Probate in Michigan: Letters, Court Approval and Notice to Heirs