Michigan Small Estate Affidavit Form

Michigan Laws and Requirements

The rules for this affidavit come from Mich. Comp. Laws § 700.3983. The statute calls for a sworn statement from the successor and the decedent's death certificate. That statement must confirm the conditions below.^[1]

• The person holding the property must pay or deliver it once 28 days have passed after the decedent died. You can count the days with our deadline calculator.^[1]
• The estate does not include real property.^[1]
• The value of the entire estate, wherever located and net of liens and encumbrances, does not exceed $50,000, adjusted as provided in section 1210.^[1]
• An application or petition for the appointment of a personal representative is not pending or has not been granted in any jurisdiction.^[1]
• A sworn statement made by or on behalf of the successor is presented with the death certificate.^[1]

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.

You can use the sworn statement whether or not the decedent left a will. A successor is anyone, other than a creditor, who is entitled to the decedent's property under the will or under Michigan's probate code (Mich. Comp. Laws § 700.1107(g)).^[2]

Vehicles have their own route. When the owner leaves no other property that requires probate, the surviving spouse or an heir may apply to the Secretary of State for the vehicle's title with proof of death (Mich. Comp. Laws § 257.236(2)).^[3]

Michigan Small Estate Affidavit Laws Details

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Filling Out the Michigan Small Estate Affidavit Form

The PDF on this page is the court's current form, PC 598 (4/24), Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent, approved by the Michigan State Court Administrative Office.^[4] It is one page with items 1 to 9, followed by your signature and the notary block. Item 4 prints the limit as $50,000, adjusted annually as provided in MCL 700.1210, the same figure the statute sets.^[1] Fill it in with our online PDF editor, or print it and write the answers by hand. Each step names the part of the form it covers.

Have these ready before you start:

• The decedent's full name, residence and date of death
• A description of the property you are claiming
• The name, address, relationship and share of every other person entitled to a share
• A copy of the death certificate to attach
• A notary to witness your signature

The screenshots under each step show PC 598, the official Michigan form, filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and account details are examples only.

1. Estate of and your role (item 1). Write the decedent's first, middle and last name on the Estate of line. In item 1, check the box that shows how you are the decedent's successor: surviving spouse, adult child, other heir (with a Name line beside it), devisee under the will dated (write the date of the will), or fiduciary or representative of a named heir or devisee who has a legal incapacity.

   

2. Residence and date of death (item 2). In item 2, write the city, township or village and the county and state where the decedent lived, then the date of death. Item 2 also states that more than 28 days have passed since the death, as Mich. Comp. Laws § 700.3983 requires.^[1]

   

3. Printed statements and the property you claim (items 3 to 7). Items 3 to 6 are printed statements. They say that no real property is included in the estate, that the estate's value, less liens and encumbrances, does not exceed $50,000, adjusted annually as provided in MCL 700.1210, that no personal representative has been appointed and no application or petition for one is pending, and that no petition for assignment has been filed with a court. Make sure each one is true for you, then describe the property you are claiming on the line in item 7.

   

4. Other persons entitled to a share (item 8). List each other person entitled to a share of the property, with name, address, relationship and share percentage. The table has four rows.

   

5. Death certificate and your signature (item 9). Item 9 says a copy of the death certificate is attached, so attach one. Sign on the Signature line in front of the notary, then print your name, your address and your city, state and zip on the lines below it.

   

6. Notary block. The notary completes this part. It reads "Subscribed and sworn to before me on" with the date and the county and state where the notary is acting, then has lines for the notary's signature, printed name, commission expiry date and county and state of commission. The notary checks the last box if the act was performed using an electronic notarization system or a remote electronic notarization platform. The NOTICE at the bottom says a false statement on the affidavit may subject the person swearing to it to prosecution for perjury.

   

Tips for Filling Out the Form Accurately

A few habits keep the sworn statement consistent and easy for the person holding the property to review. These are practical suggestions, not legal requirements. Use them alongside the six steps above.

• Match every name and spelling to the record you will attach, including middle names and suffixes.
• Write the date in the same format everywhere it appears, and check it against the record before you print.
• Describe each asset clearly in item 7. Name the bank, the type of account and the last four digits, so the holder can find it without a phone call.
• Replace every sample entry from the screenshots. They only show where each answer goes.
• Make extra copies before you sign if you expect to contact more than one holder, and ask each one how it wants to receive the document.

Read items 3 to 6 once more before you sign. Each one is a sworn statement, and a false statement may subject the person swearing to it to prosecution for perjury.^[1] If one of them is not true for the estate you are handling, pause and talk to a qualified professional before you use this form.

After the notary signs, give the sworn statement to the person who owes the decedent money or holds the decedent's property, together with the certificate the statute asks for.^[1] Count the 28 days from the decedent's passing, and keep your own copy of everything you hand over.

Frequently Asked Questions

These answers cover the dollar limit and the conditions that decide whether a Michigan estate fits the affidavit route. Each one rests on Mich. Comp. Laws § 700.3983, and the $50,000 figure is net of liens and encumbrances and adjusted as provided in section 1210.^[1]

Do I need probate if the estate is small?

Michigan's procedure turns on the conditions in Mich. Comp. Laws § 700.3983. A person holding the decedent's property must pay or deliver it to the successor who presents the death certificate and a sworn statement, after 28 days.^[1] The statement must confirm three things:

• The estate has no real property.^[1]
• Its net value is $50,000 or less, adjusted as provided in section 1210.^[1]
• No application for a personal representative is pending or granted.^[1]

What is the threshold for a small estate affidavit in Michigan?

The value of the entire estate, wherever located and net of liens and encumbrances, cannot exceed $50,000, adjusted as provided in section 1210. The estate also cannot include real property.^[1]

How much does an estate have to be worth to go to probate in Michigan?

The affidavit route covers an estate worth $50,000 or less, net of liens and encumbrances and adjusted as provided in section 1210, with no real property.^[1] An estate above that figure does not meet the conditions the sworn statement must confirm.

General information, not legal or tax advice.

Sources

1. Mich. Comp. Laws § 700.3983.
2. Mich. Comp. Laws § 700.1107.
3. Mich. Comp. Laws § 257.236.
4. Michigan Courts, Form PC 598, Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent (4/24).

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.