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Small estate affidavit in Michigan (2026)

In Michigan, heirs can collect up to $53,000 without probate with a sworn affidavit (Affidavit of decedent's successor for delivery of certain assets (MCL 700.3983; SCAO form PC 598)). You must wait 28 days after the death. Real estate: not covered. Last checked .

Michigan at a glance

Affidavit cap
$53,000
Applies to
deaths in 2026 ($50,000 base x Treasury 2023 COLA factor for the year of death, rounded to $1,000)
Value counted
Net value (after liens and encumbrances)
Waiting period
28 days
If there is a will
Can still be used
File with a court
No
Real estate
Not covered
Court shortcut
Petition for assignment of a small estate (MCL 700.3982) (up to $53,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Michigan cap for this date of death

    $53,000

    A worked example for Michigan

    Say a parent who lived in Michigan died on March 1, 2026, leaving $42,400 in a bank account in their name only and no house. $42,400 is within the $53,000 cap for that date of death, so the family can use the affidavit from March 29, 2026. Had the death been in an earlier period, the cap would have been $51,000, $27,000, $25,000, $24,000.

    The rules in Michigan

    • The affidavit. The successor gives a sworn statement and the death certificate to whoever holds the decedent's money or personal property, who must pay or deliver it; transfer agents must re-register securities. It is not filed with the probate court.
    • Cap. For a 2026 death, the estate (less liens) must be $53,000 or less, and there can be no real estate.
    • What counts. The entire estate wherever located, net of liens and encumbrances. The estate must not include any real property.
    • What doesn't count. Liens and encumbrances are subtracted. Property passing outside probate is not part of the estate (statute lists no specific exclusions).
    • Earlier caps. $51,000: deaths in 2025; $50,000: deaths in 2024 (after 2024 PA 1, effective 2024-02-21; Treasury lists $28,000 as the 2024 amount before PA 1); $27,000: deaths in 2023; $25,000: deaths in 2022; $24,000: deaths in 2021
    • Change already enacted. Re-indexed every year; Treasury publishes the factor each January.
    • Waiting period. Usable after 28 days have passed since the death.
    • Conditions. No real property in the estate, and no application or petition to appoint a personal representative may be pending or granted anywhere. The statement names every other person entitled to a share and that share. The SCAO affidavit form (PC 598) also has the affiant swear that no petition for assignment has been filed with a court.
    • Who can sign. A person claiming to be the decedent's successor (PC 598 lists surviving spouse, child, other heir, devisee under a will, or a fiduciary for an heir or devisee with a legal incapacity).
    • Court filing. Not filed with a court. A false statement can lead to a perjury charge.

    Houses, land and vehicles

    • Real estate. The affidavit can't be used if the estate includes real property. Small estates with land can use the probate court's petition for assignment (MCL 700.3982) instead. When valuing the estate for assignment, a mortgage on the real property is subtracted, up to $264,000 for 2026 deaths.
    • Vehicles. If the estate is not and will not be probated, the surviving spouse or closest next-of-kin heir can title the vehicles at a Secretary of State office with form TR-40a (Certification from the Heir to a Vehicle, in the TR-40 packet, rev. 01/2026) and the death certificate, if the total value of all the vehicles is within the MCL 257.236 cap: $100,000 for 2024-2025, indexed from 2026 (the 2026 Treasury figure was not located).

    When the affidavit isn't enough

    The probate court may order the property turned over to the surviving spouse, or if none, the heirs, once funeral and burial costs are shown paid (or paid from the property first) and the rest is $53,000 or less for a 2026 death. Real property can be included. Heirs other than the spouse or minor children are liable for unpaid debts up to what they receive for 63 days after the order.

    Good to know in Michigan

    • Third parties may not insist on one small-estate procedure over the other (affidavit vs. court assignment) when both are available (MCL 700.3982(4)).
    • PC 598 (4/24) still prints the $50,000 base amount 'adjusted annually'; use the Treasury table for the year of death.

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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