Michigan Real Estate Sale: Do You Need Court Approval?

A request for supervision alone isn't enough to trigger it — Michigan courts want a genuine reason, not just someone asking.

MCL 700.3502, 700.3504; MCR 5.310

Quick answer: not under unsupervised administration — the norm for most Michigan estates. Only supervised administration, ordered on a genuine showing of necessity, requires the judge to approve a sale. Run your own numbers in the Michigan probate real estate sale calculator.

Unsupervised is the working default

How it works: a probate judge does not oversee unsupervised probate administration, and it's available with either informal or formal probate. The personal representative acts largely independently, including listing and selling estate real estate, without prior court approval for most steps.

Requesting supervision isn't the same as getting it

Any interested party, or the personal representative, can ask for supervised administration at any time — but under MCL 700.3502(3), the court doesn't order it just because it was requested; a genuine showing of necessity is generally required.

Once supervised, a sale needs the judge's sign-off

Under supervised administration, the judge must approve major actions, including any sale of the home — a sale-specific hearing on this track can add 4 to 8 weeks compared to the unsupervised timeline.

Supervision can be lifted again

At any time during supervised administration, any interested person or the personal representative may petition the court to terminate it under MCR 5.310(F) — supervision isn't necessarily permanent once ordered.

A restriction endorsed on the Letters changes the picture

If the court endorses a specific restriction on the Letters of Authority, that restriction limits what the personal representative can do without further court involvement, even under otherwise unsupervised administration.

Facing probate in Michigan?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Michigan attorney

Wayne, Oakland, and Kent County each handle their own probate calendar, but the unsupervised default and the §3502(3) necessity standard for supervision apply identically statewide.

Court approval to sell — frequently asked questions

What does unsupervised administration let a Michigan personal representative do?

Act largely independently, including listing and selling estate real estate, without a probate judge overseeing each step or approving the sale in advance.

Can someone request that an unsupervised estate become supervised?

Yes — any interested party or the personal representative can ask, but under MCL 700.3502(3), supervised administration isn't ordered just because it was requested; the court generally requires a genuine showing of necessity.

What happens once an estate is under supervised administration?

The judge must approve major actions, including any sale of estate real estate — a sale-specific hearing under this track can add 4 to 8 weeks compared to the unsupervised timeline.

Can supervision be ended once it's been ordered?

Yes — at any time during supervised administration, any interested person or the personal representative may petition the court to terminate supervised administration under MCR 5.310(F).

Does restricted Letters of Authority change a personal representative's sale power?

Yes — if the court endorses a restriction on the Letters of Authority, that restriction limits what the personal representative can do without further court involvement, even under otherwise unsupervised administration.

This page provides general guidance only and is not legal advice. Based on MCL 700.3502, 700.3504 and MCR 5.310. Whether unsupervised or supervised administration applies depends on the estate's own facts. Confirm with the county probate court or a licensed Michigan attorney before acting.