Michigan Small Estate Affidavit: Do You Qualify? Limits by Date of Death, Waiting Periods & Steps

Petition and Order for Assignment (court order distributing small estate)

Filed with the court

Dollar limit

• $53,000 — for deaths on or after 2026-01-01 and before 2027-01-01

What counts toward the limit: Gross estate AFTER payment of funeral and burial expenses. Real property IS allowed (this is the only Michigan small-estate path if the decedent owned real property); a mortgage/lien on real property may be deducted from its value up to $264,000 (2026 adjusted amount). Statutory base is $50,000 (Public Act 1 of 2024), inflation-adjusted annually under MCL 700.1210 and rounded to the nearest $1,000.

Waiting period

No statutory waiting period.

Will requirement

Available with or without a will.

Notarization & approval

Notarization is not required by the statute. Court approval is required before use.

Where the papers go

Probate court (county). Filing fee $25 plus the statutory inventory fee (per county probate court schedules, e.g. Clinton County Probate Court).

Official form

Petition and Order for Assignment (PC 556)

Statute

MCL 700.3982 (court order distributing small estates); MCL 700.1210 (annual cost-of-living adjustment mechanism)

Transfer by Affidavit (Affidavit of Decedent's Successor for Delivery of Certain Assets)

Presented directly to the institution holding the asset — no court filing

Dollar limit

• $53,000 — for deaths on or after 2026-01-01 and before 2027-01-01

What counts toward the limit: Personal property only — the estate must NOT include any real property (houses or land). Statutory base $50,000 (MCL 700.3983(1)(a)), inflation-adjusted annually per MCL 700.1210 (2026 = $53,000).

Waiting period

28 days from the date of death before the procedure can be used.

Will requirement

Available with or without a will.

Notarization & approval

Notarization is required. No court approval is required.

Where the papers go

NOT filed with any court. The notarized affidavit plus the death certificate are presented directly to the person or institution holding the decedent's property (bank, employer, etc.).

Official form

Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent (PC 598)

Statute

MCL 700.3983 (collection of personal property by affidavit); MCL 700.1210 (annual cost-of-living adjustment mechanism)

Who inherits without a will in Michigan

Michigan’s intestacy statute (MCL 700.2102 (spouse's share); MCL 700.2103 (heirs other than spouse)) controls when there is no will.

Spouse, no descendants

Entire intestate estate to the surviving spouse if no descendant or parent of the decedent survives.

Spouse and descendants

If all of the decedent's surviving descendants are also descendants of the surviving spouse: first $150,000 (base; $301,000 as adjusted for deaths in 2026) plus 1/2 of the balance. If one or more surviving descendants are NOT descendants of the surviving spouse: first $100,000 (base; $201,000 as adjusted for 2026) plus 1/2 of the balance.

Descendants only

No surviving spouse: the entire intestate estate passes to the decedent's descendants by representation (MCL 700.2103).

If the decedent left no descendants but a surviving parent: spouse takes the first $150,000 (base; $301,000 for 2026) plus 3/4 of the balance. The statutory dollar figures in MCL 700.2102 are cost-of-living adjusted annually under MCL 700.1210 (Treasury notice each January) — 2026 figures per Morello Law Group's 2026 COLA summary corroborated by search results across sources. Base-amount text per FindLaw's MCL 700.2102 mirror; legislature.mi.gov was unreachable for direct fetch.