One of the first questions Detroit heirs ask is whether they can skip probate on an inherited house. The honest answer depends entirely on how the home was titled before the owner passed. Here is how it actually works in Michigan, with no false promises.
Michigan does not have a Texas-style heirship shortcut
In some states, heirs can sign a simple affidavit to clear title to an inherited house and sell it quickly. Michigan does not work that way for real estate.
Michigan’s small estate affidavit only covers personal property and bank accounts, and it specifically excludes real estate. So a house titled in the deceased person’s name alone cannot be transferred with a quick affidavit. That path is not available here, no matter the value of the home.
The deeds that do avoid probate, if they were set up in time
If the owner planned ahead, a Michigan house can pass outside probate. The common tools are:
- Lady Bird deed (enhanced life estate deed). A Michigan favorite. The owner keeps full control during life, and the property passes automatically to a named person at death.
- Transfer-on-death arrangement. Names a beneficiary who receives the property when the owner dies.
- Joint ownership with rights of survivorship. The surviving owner automatically inherits, no probate needed.
- Living trust. Property held in a trust passes by the trust’s terms, outside the court.
The catch is that all of these have to be in place before the owner passes. After the fact, you generally cannot create them.
When none of those exist, probate is the path
If the house was simply in the deceased person’s name with no trust, no survivorship, and no Lady Bird deed, then probate is almost always required before the title can legally transfer and the house can be sold.
That sounds slow, but it does not have to stall a sale. A few things help:
- Open the estate and get a personal representative appointed by the court.
- The personal representative can list and negotiate a sale while probate is still running.
- The title company confirms the representative’s authority, and the sale closes.
You do not have to wait for the entire estate to finish to start lining up a buyer.
The real cost is waiting
While you sort out the right path, the house keeps costing money. Property taxes, insurance, utilities, upkeep, and the risk that a vacant house gets vandalized or hit with code violations. In Michigan, taxes can also jump after the ownership change when the Proposal A cap comes off.
The longer it sits, the more it eats into whatever the house is worth. That is why many heirs decide to sell rather than hold.
What to do now
If you inherited a Detroit house and you are not sure whether it has to go through probate, the cleanest move is to find out which path applies and get a real number on the house.
We buy inherited houses across Detroit and Wayne County as-is, including homes that are in probate. We coordinate with the personal representative and the title company, work with the timeline, and structure the sale around your situation. No repairs, no cleanout, no agent commissions.
Get a no-obligation cash offer and a straight answer on what the house is worth and how a sale would work. No pressure either way.