Michigan Small Estate Affidavit

Updated August 3, 2026. Quick answer: Michigan lets a small estate be settled with a sworn affidavit, usable 28 days after death, and it is presented straight to the bank or holder — no court filing. Real estate: no — personal property only.

The verdicts

What the statute actually says

After 28 days after a decedent’s death, a person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall pay the indebtedness or deliver the tangible personal property or the instrument to a person claiming to be the decedent’s successor on being presented with the decedent’s death certificate and a sworn statement made by or on behalf of the successor stating all of the following: (a) The estate does not include real property and the value of the entire estate, wherever located, net of liens and encumbrances, does not exceed $50,000.00, adjusted as provided in section 1210. (b) Twenty-eight days have elapsed since the decedent’s death.

— MCL 700.3983

The dollar limit

$53,000 for deaths in 2026 (official Michigan Treasury annual adjustment notice) — small estate petition/assignment under MCL 700.3982 (base raised $15,000 → $50,000 by 2024 PA, indexed per MCL 700.1210); transfer-by-affidavit (MCL 700.3983) uses the same indexed figure; up to $264,000 of real-estate debt deductible in the 2026 calculation.

All 51 limits, compared.

The form

There is an official free form. PC 598, Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent — published by the state, free to download. You should not pay anyone for this form.

The waiting period is the part that voids transfers

Using the instrument before its waiting period has run is the most common way one of these fails. A bank can refuse it, and a transfer made on a defective affidavit can be unwound — with the person who signed it personally exposed, because these are sworn statements made under penalty of perjury. Wait the full period and count from the date of death.

What could not be verified

none — form read directly from courts.michigan.gov (SCAO-approved PDF).

When this route is the wrong one

• The estate is over the limit. Full administration applies, and using the small-estate route anyway does not make it valid.
• There is real estate and this route does not reach it. A house needs the instrument that can actually transfer title.
• Someone disputes it. These procedures assume agreement; a contested estate belongs in front of a judge.
• Debts exceed assets. Paying the wrong creditor first can make you personally liable.

Related: how the process works, step by step · affidavit versus summary administration.

General information drawn from state statutes and official court materials, not legal advice. Probate and small-estate procedure is STATE law and differs in every state; thresholds, waiting periods and forms change, and every figure here is sourced and dated. Using the wrong instrument, or using one before its waiting period has run, can make a transfer ineffective and can expose the person who signs the affidavit to personal liability. We are not a law firm and we sell no forms.