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Michigan Probate Code · Updated for 2026Statute: MCL § 700.3982 & § 700.3983

Michigan Small Estate Affidavit Limit (2026)

In Michigan, estates valued at or below $50,000 can bypass formal probate court proceedings under Collection of Personal Property by Affidavit & Small Estate Assignment (MCL § 700.3982 & § 700.3983). Use the interactive calculator below to evaluate whether your estate qualifies.

Direct Answer · Michigan Probate Statutory Threshold (2026)

In Michigan: Estates with qualifying probate assets valued at or below $50,000 can bypass formal probate court proceedings under MCL § 700.3982 & § 700.3983 (Collection of Personal Property by Affidavit & Small Estate Assignment). Heirs must observe a mandatory statutory waiting period of 28 days after death before executing the affidavit. Real property transfer is permitted under summary affidavit procedures.

Statutory Authority: MCL § 700.3982 & § 700.3983Enforcement: Michigan Probate CourtLast Verified: October 2026
2026 Statutory Exemption Analyzer

Michigan Small Estate Affidavit Eligibility Checker

Statutory Threshold: $50,000 under MCL § 700.3982 & § 700.3983

1. Probate Assets Valuation

Enter the gross fair market value of assets titled solely in the decedent’s name with no designated beneficiary.

$45,000
Checking, savings, certificates of deposit, cars, brokerage accounts without TOD.
Real estate allowed

2. Exempt Non-Probate Exclusions

Assets that pass automatically by contract or operation of law bypass probate and are 100% EXCLUDED from the statutory limit.

Deductible Funeral & Medical Debts:$5,000
✓
Qualifies for Michigan Small Estate Procedure
Collection of Personal Property by Affidavit & Small Estate Assignment
Probate Estate Subject to Cap:$45,000
MI Statutory Ceiling:$50,000

Legal Analysis: The decedent’s probate-subject assets total $45,000, which is under the $50,000 statutory maximum established by MCL § 700.3982 & § 700.3983. Heirs can bypass formal court administration.

Cooling-Off Period28 DaysMandatory waiting time
Court Probate Savings$2,875Est. attorney & court fees
Official CourtCounty Probate CourtCounty jurisdiction
📋 Next Statutory Steps for Michigan:
  • Required Form: Affidavit of Decedent’s Successor for Delivery of Certain Assets (Form PC 598).
  • Waiting Requirement: Wait 28 days after the decedent’s date of death before presenting or filing.
  • Documentation: Attach certified death certificate and proof of decedent’s sole ownership.
  • Notarization: Must be signed under penalty of perjury in the presence of a licensed Notary Public.
  • Presentation: Present certified copies directly to asset holders (e.g. Chase, Wells Fargo, brokerage firms) without open probate.
Source: MCL § 700.3982 & § 700.3983 · Verified: 2026-10Official State Probate Statutes →

Michigan Statutory Small Estate Rules & Qualifications

⚖ Key Legal Parameters

Maximum Estate Value:
$50,000
Mandatory Waiting Period:
28 days after death
Real Property Included:
Yes (Specific terms apply)
Governing Statute:
MCL § 700.3982 & § 700.3983
Judicial Venue:
County Probate Court

📑 Required Documentation & Procedure

Personal property affidavit PC 598 requires 28-day wait; order for assignment PC 556 can be filed immediately with court.

Designated Form:Affidavit of Decedent’s Successor for Delivery of Certain Assets (Form PC 598)Penalty for false statement: Full liability to any person having superior claim plus court costs.

Real Estate Transfer Rules in Michigan

Real estate allowed under § 700.3982 (Petition and Order for Assignment, Form PC 556).

Exclusions: Funeral and burial costs are deducted first before calculating the $50,000 threshold (adjusted annually).

How to File a Small Estate Affidavit in Michigan

  1. Check the Asset Total: Calculate all personal property solely titled in the decedent’s name. Subtract outstanding secured debt and statutory funeral deductions. Confirm that the final total does not exceed $50,000.
  2. Verify Beneficiary Designations: Ensure you are not counting assets that pass directly by contract, such as life insurance policies, 401(k) accounts, or bank accounts designated as Payable-on-Death (POD).
  3. Wait the Required Time: In Michigan, you must wait 28 days prior to presenting the affidavit to any institution.
  4. Complete the Affidavit of Decedent’s Successor for Delivery of Certain Assets (Form PC 598): Draft the document, listing every financial institution, account number, and exact dollar balance.
  5. Notarize Under Oath: All rightful distributees or the designated representative must sign before a licensed notary public under penalty of perjury.
  6. Present to Custodians: Deliver the notarized affidavit alongside a certified copy of the death certificate to banks, DMVs, or asset holders to claim and distribute funds.

Frequently Asked Questions About Michigan Small Estates

What is the small estate limit in Michigan for 2026?

Under MCL § 700.3982 & § 700.3983 (Collection of Personal Property by Affidavit & Small Estate Assignment), the 2026 small estate threshold in Michigan is $50,000. Estates with gross probate assets at or below this value qualify for expedited transfer without formal court probate.

How long do you have to wait after death to file a small estate affidavit in Michigan?

In Michigan, heirs must wait a mandatory statutory period of 28 days after the decedent’s date of death before executing and presenting the small estate affidavit to asset holders.

Can real estate be transferred with a small estate affidavit in Michigan?

Yes, Michigan permits real estate transfers under specific statutory conditions: Real estate allowed under § 700.3982 (Petition and Order for Assignment, Form PC 556).

What form is required for a small estate in Michigan?

The required official legal instrument is the Affidavit of Decedent’s Successor for Delivery of Certain Assets (Form PC 598), which must be signed under oath in the presence of a notary public and presented to asset holders or filed with the County Probate Court.

Compare Other States

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This is not legal or tax advice. Estate and inheritance tax is determined by a court or tax authority using your actual filings. Online estimators provide an informal planning figure only. Laws and exemption amounts change every year — always confirm the current rule with the IRS, your state Department of Revenue, or a licensed estate attorney or CPA before relying on any number.

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