Michigan Small Estate Affidavit
In Michigan the decedent's successor can use a sworn statement under MCL 700.3983 to collect personal property once 28 days have passed since death, when the estate is within the $50,000 base limit that adjusts annually for inflation. Attorney review available.
Introduction
A small estate affidavit is a sworn statement for collecting a decedent's personal property, such as a bank account, final paycheck, or vehicle, without full probate, and Michigan is unusual in indexing its limit to inflation: a $50,000 base that reached $51,000 for a 2025 death. In Michigan it is the sworn statement used under Michigan Compiled Laws 700.3983 by a person claiming to be the decedent's successor, who presents the signed statement and the decedent's death certificate directly to the person or entity that owes a debt to, or holds property of, the decedent, rather than filing it with a court. It may be used only after 28 days have passed since the death (MCL 700.3983), and only when the value of the entire estate, wherever located, net of liens and encumbrances, does not exceed the Michigan small estate limit. That limit has a statutory base of $50,000.00 (set by 2024 PA 1), which is adjusted annually for the year of the decedent's death under Michigan Compiled Laws 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. The sworn statement reaches personal property only. When a Michigan estate includes real property, a separate court order for assignment under Michigan Compiled Laws 700.3982 is used instead, and it is conditioned on paying the decedent's funeral and burial expenses. DocDraft builds your Michigan small estate affidavit from your facts, with attorney review available before you sign.
Key Things to Know
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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.
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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).
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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.
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It may be used only after 28 days have passed since the decedent's death (MCL 700.3983).
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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).
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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.
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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).
Key decisions before you file
Before you file a Small Estate Affidavit in Michigan, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Once your Small Estate Affidavit is ready, you can check whether it needs to be notarized in Michigan in about a minute, and notarize it online through DocDraft if it does.
Michigan Requirements for Small Estate Affidavit
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.
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.
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.
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.
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.
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.
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.
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.
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Check my Small Estate AffidavitFrequently Asked Questions
It is a sworn statement that lets a decedent's successor collect the decedent's personal property, such as a bank account, final wages, or a vehicle, without opening a full probate case. In Michigan the successor uses the sworn statement under Michigan Compiled Laws 700.3983, confirms that at least 28 days have passed since the death and that the estate is within the small estate limit, then presents the statement and the death certificate to whoever holds the asset. It is usually the fastest, cheapest way to settle a small Michigan estate.
Probate is a court-supervised process that appoints a personal representative to gather assets, pay debts, and distribute what remains, and it can take months. A small estate affidavit skips that for qualifying estates: under Michigan Compiled Laws 700.3983 the successor presents a sworn statement and the death certificate and collects the personal property directly, with no court appointment. It is available only when the entire estate, net of liens and encumbrances, is within the Michigan small estate limit.
The value of the entire estate, wherever located, net of liens and encumbrances, must not exceed the Michigan small estate limit (Michigan Compiled Laws 700.3983). The statutory base is $50,000.00, set by 2024 PA 1, and it is adjusted annually for the year of death under Michigan Compiled Laws 700.1210. For a decedent who died in 2025 the adjusted amount is $51,000. Confirm the Michigan Department of Treasury figure for the year of the decedent's death before relying on a number.
At least 28 days must have passed since the decedent's death before the sworn statement may be used (Michigan Compiled Laws 700.3983). The statement confirms that this 28-day period has passed, and the decedent's death certificate is presented with it. If fewer than 28 days have passed, the person holding the asset is not required to release it, so the waiting period is a firm requirement in Michigan.
No. The Michigan Compiled Laws 700.3983 sworn statement reaches personal property only, such as bank accounts, wages, and securities. When a Michigan estate includes real property, a separate court order for assignment under Michigan Compiled Laws 700.3982 is used, which can reach real property and is conditioned on paying the decedent's funeral and burial expenses. A Michigan estate with a house or land is therefore handled through that court procedure, not this affidavit.
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 decedent's death certificate is presented with the sworn statement. The statement is signed under oath, so it should never be signed if the facts are uncertain about who is entitled to the property.
In Michigan the successor presents the sworn statement and the death certificate directly to the person or entity indebted to the decedent or holding the decedent's property, such as a bank or employer, 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 Michigan SCAO form PC 598; confirm the current form before you present it.
Yes. The $50,000.00 base in Michigan Compiled Laws 700.3983 is adjusted annually using the cost-of-living factor for the calendar year in which the decedent dies, rounded to the nearest $1,000, under Michigan Compiled Laws 700.1210. The Michigan Department of Treasury publishes the factor each year. For a decedent who died in 2025 the adjusted amount is $51,000, so the operative Michigan limit depends on the year of death; confirm the current-year figure before relying on it.