Michigan guide

Selling an Inherited House in Michigan

Updated October 2026 · 6 min read

Inheriting a house in Michigan comes with two separate jobs: transferring the title and deciding what to do with the property. They don’t always move at the same speed.

Does it have to go through probate?

It depends on how the property was titled. A house held in a living trust, or titled jointly with rights of survivorship, may pass outside probate. A house that was solely in the deceased person’s name usually goes through the probate court in the county where they lived.

Michigan has simplified procedures for smaller estates, but the thresholds and eligibility rules are specific. A probate attorney can tell you in one conversation which path applies.

Who can sign the deed

The person authorized to arrange a sale of inherited property depends on how title was held and whether probate or another estate procedure is required. A personal representative may need appropriate legal authority to act for an estate, while other properties may pass under different rules. Confirm ownership and signing authority with a Michigan probate attorney or title company before proceeding.

If the house passed outside probate, the deed needs to be recorded in the names of the heirs before a sale.

When there are multiple heirs

Where title passes to several heirs, each generally needs to agree to the sale and sign, though the exact requirement depends on how title is held. When one heir wants to sell and another doesn’t, the options are usually a buyout, a partition action, or waiting. A purchase can’t shortcut that, but a written offer can make the conversation concrete.

What a title company typically asks for

• The death certificate and the will, if there is one.
• Letters of authority, once the court issues them.
• A title search to identify liens, taxes, and any old mortgages.
• Confirmation of who is on title and who signs.

Disclosure and taxes

Michigan’s seller disclosure requirements apply to most residential sales, though some estate and probate transfers may be treated as exempt. Whether an exemption applies depends on the specific transfer — confirm it with your attorney rather than assuming it.

On the tax side, inherited property often receives a stepped-up basis, which can change the capital gains picture significantly. That’s a question for a CPA — it depends on the date of death, the value at that time, and what happens afterward.

A realistic timeline

A straightforward probate file in Michigan can take several months; contested estates take longer. The property’s condition doesn’t change that timeline, but it does change how many buyers are interested. A house that needs work narrows the pool to cash buyers and investors.