An appointed personal representative — the person formally authorized to act for the estate — can generally sell estate real estate during administration without a separate court order. The will and any court restrictions still matter. A state or county public administrator needs court approval before selling estate real estate. Being named in a will does not by itself give someone the personal representative’s authority.
The deed, will, and current appointment papers determine who can sign and what is needed to close. We help coordinate the sale, but we do not provide legal advice. The title company or a qualified attorney can confirm who has authority to sign for the estate.
Michigan estate statutes: appointment and letters, powers over estate property, sale authority and the public-administrator exception, and supervised administration and restrictions.
For an ordinary taxable sale, Michigan state real estate transfer tax is $3.75 for each $500 of the property’s value at the time of sale, or part of $500. Cheboygan County real estate transfer tax is generally another 55 cents for each $500, or part of $500. At that county rate, a $100,000 sale has $750 in state tax and $110 in county tax, $860 total. The seller is generally responsible under state law. State and county exemptions are separate, so the county, sale value, and any exemption need to be checked for the actual sale.
When you sell to us, we pay the closing costs, including Michigan state and county real estate transfer taxes.
This does not pay the seller’s mortgage, liens, back taxes, or share of current property taxes.
Michigan transfer-tax statutes: state transfer-tax rate and liability and county transfer-tax rate and exemptions.