When someone passes away in Michigan, not all of their property goes through probate. Understanding the difference between probate and non-probate property can save you significant time, money, and frustration. If you are an heir trying to figure out what happens to a loved one’s real estate, this guide will help you understand your situation and your options.
What Is Probate Property?
Probate property is any asset that was solely in the deceased person’s name at the time of their death and does not have a designated beneficiary or transfer-on-death provision. For real estate, this typically means a home that was owned by the deceased person alone, without a co-owner with rights of survivorship and without a lady bird deed or transfer-on-death deed. This property must go through the probate court before it can be legally transferred to heirs or sold.
What Is Non-Probate Property?
Non-probate property bypasses the probate court entirely and transfers directly to the designated beneficiary or surviving owner. Common examples include property held in joint tenancy with rights of survivorship, property in a living trust, property with a transfer-on-death deed or lady bird deed, and real estate with a designated beneficiary. If the home falls into one of these categories, the surviving owner or beneficiary can sell it without going through probate.
Why This Distinction Matters for Selling
If the property is non-probate, you can sell it much faster because you do not need court approval. You simply need to complete the appropriate paperwork to establish your ownership and then proceed with the sale. If the property does require probate, you will need to wait for the court to appoint a personal representative before you can sell. Understanding which category your property falls into helps you plan your timeline and set realistic expectations.
Offer Now Michigan Handles Both Situations
Whether your inherited property requires probate or not, Offer Now Michigan can help you sell it quickly for cash. For non-probate properties, we can often close in as little as seven days. For probate properties, we work within the court’s timeline and coordinate with your attorney to ensure a smooth process. In both cases, we buy the property as-is, pay all closing costs, and charge zero commissions. Call us at 810-425-5961 to discuss your situation.