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.
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.
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.
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.
Qualifies for Michigan Small Estate Procedure
Collection of Personal Property by Affidavit & Small Estate AssignmentLegal 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.
📋 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.
STATUTORY PROBATE EXEMPTION AUDIT DOSSIER & SMALL ESTATE EVALUATION
JURISDICTION: STATE OF MICHIGAN · COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT & SMALL ESTATE ASSIGNMENT (MCL § 700.3982 & § 700.3983)
Generated: 11/2/2026
Pursuant to MCL § 700.3982 & § 700.3983, the decedent's probate-subject estate of $45,000 is beneath the statutory maximum of $50,000. Rightful distributees may collect assets directly via Form: Affidavit of Decedent’s Successor for Delivery of Certain Assets (Form PC 598) without formal probate proceedings.
1. Statutory Asset & Liability Valuation
| Sole Personal Property, Bank Accounts & Vehicles: | $45,000 |
| Countable Net Real Estate Equity: | $0 |
| Gross Probate-Subject Estate: | $45,000 |
| Michigan Small Estate Statutory Cap: | $50,000 |
| Excluded Non-Probate Assets (Trusts, TOD, Survivorship): | $75,000 |
| Deductible Funeral & Final Medical Expenses: | -$5,000 |
2. Statutory Conditions & Mandatory Requirements
A minimum of 28 days must elapse after death before asset holders may release property.
Instrument: Affidavit of Decedent’s Successor for Delivery of Certain Assets (Form PC 598)
Court: County Probate Court
Affiant / Successor Signature:
Full Printed Name / Executed Under Penalty of Perjury
Notary Public Acknowledgment:
State Seal, Commission Expiration & Date
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.
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
- 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.
- 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).
- Wait the Required Time: In Michigan, you must wait 28 days prior to presenting the affidavit to any institution.
- 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.
- Notarize Under Oath: All rightful distributees or the designated representative must sign before a licensed notary public under penalty of perjury.
- 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.
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