Michigan Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   Michigan ties its small estate limit to a $50,000 base that adjusts every year, reaching $51,000 for a 2025 death; MCL 700.3983 then lets a successor collect the decedent's personal property with a sworn statement and death certificate, 28 days after death.

2. 2

   The affidavit is available when the value of the decedent's entire estate, wherever located, net of liens and encumbrances, does not exceed the Michigan small estate limit, which has a statutory base of $50,000.00 (MCL 700.3983, 2024 PA 1).

3. 3

   That $50,000 base is adjusted annually for the year of death under MCL 700.1210; for a decedent who died in 2025 the adjusted amount is $51,000 (Michigan Department of Treasury), so confirm the current-year figure.

4. 4

   It may be used only after 28 days have passed since the decedent's death (MCL 700.3983).

5. 5

   The affiant is the person claiming to be the decedent's successor, and the decedent's death certificate is presented with the sworn statement (MCL 700.3983).

6. 6

   The sworn statement reaches personal property only; a separate court order for assignment under MCL 700.3982 can reach real property and is conditioned on paying the decedent's funeral and burial expenses.

7. 7

   The successor presents the sworn statement and death certificate directly to the person indebted to or holding the property, not to a court, and that person then pays or delivers the property (MCL 700.3983).

Michigan Requirements for Small Estate Affidavit

• 28-Day Waiting Period

  In Michigan a small estate affidavit may not be used until at least 28 days have passed since the decedent's death (Michigan Compiled Laws 700.3983). The sworn statement confirms that this 28-day period has passed. If fewer than 28 days have passed, the person holding the asset is not required to release it.

• $50,000 Base Value Limit

  The affidavit is available when the value of the decedent's entire estate, wherever located, net of liens and encumbrances, does not exceed the Michigan small estate limit (Michigan Compiled Laws 700.3983). The statutory base is $50,000.00, set by 2024 PA 1. The limit is measured against the whole estate, not just the single asset being collected.

• Limit Adjusted Annually for Inflation

  The $50,000 base is adjusted annually using the cost-of-living factor for the calendar year in which the decedent dies, rounded to the nearest $1,000 (Michigan Compiled Laws 700.1210). For a decedent who died in 2025 the adjusted amount is $51,000 (Michigan Department of Treasury). Confirm the figure for the year of the decedent's death before relying on it.

• Personal Property Only

  The Michigan Compiled Laws 700.3983 sworn statement reaches personal property only, such as bank accounts, wages, and securities. It does not transfer real property. When a Michigan estate includes real property, the separate court order for assignment under Michigan Compiled Laws 700.3982 is used, which can reach real property.

• Presented to the Asset Holder, Not Filed

  The successor presents the sworn statement and the death certificate directly to the person or entity indebted to the decedent or holding the property, not to a court (Michigan Compiled Laws 700.3983). That person is then required to pay the debt or deliver the property to the successor. The commonly used form is SCAO form PC 598.

• Who May Be the Affiant

  The affiant is a person claiming to be the decedent's successor, meaning the person entitled to the property under the will or, with no will, under Michigan intestacy rules (Michigan Compiled Laws 700.3983). The sworn statement is made by or on behalf of the successor and is signed under oath.

• Death Certificate Presented

  The decedent's death certificate must be presented with the sworn statement (Michigan Compiled Laws 700.3983). SCAO form PC 598 confirms that a copy of the death certificate is attached. The person holding the asset relies on the death certificate and the sworn statement to release the property.

• Court Order Alternative for Real Property

  When a Michigan estate is larger or includes real property, the successor uses the court order for assignment under Michigan Compiled Laws 700.3982 instead of the affidavit. That procedure is a petition to the court, can reach real property, and is conditioned on paying the decedent's funeral and burial expenses.