Most people assume that when someone dies, everything they owned has to go through probate court. In Michigan, that is not always true. If the estate is small enough and meets certain conditions, the people who are entitled to the property can collect it directly using a simple sworn statement called a small estate affidavit. No probate case. No attorney fees. No months of waiting. Just a form, a death certificate, and a trip to the bank.
What Is a Small Estate Affidavit?
A small estate affidavit is a legal document authorized under Michigan Compiled Laws section 700.3983. It allows a person who is entitled to a deceased person's property to collect that property directly from whoever is holding it, like a bank, an employer, or an insurance company, without going through probate court.
The official form is called the "Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent" (Michigan court form PC 598). Despite the intimidating name, it is a straightforward one-page form that you fill out, sign in front of a notary, and present to the institution holding the deceased person's assets.
When the bank or other institution receives this affidavit along with a certified copy of the death certificate, they are legally required to release the assets to you. You do not need a court order. You do not need letters of authority from a probate judge. The affidavit itself is your authority.
The 2026 Threshold: $53,000
For deaths occurring in 2026, the small estate threshold in Michigan is $53,000. This means the total value of the deceased person's estate, minus liens and encumbrances, must be less than $53,000.
This threshold adjusts automatically each year for inflation under MCL 700.1210, so it changes regularly. Here are the recent thresholds for reference:
- 2026: $53,000
- 2025: $51,000
- 2024 (after Feb 21): $50,000
- 2023: $27,000
- 2022: $25,000
Important: the threshold that applies is based on the date of death, not the date you file the affidavit. If your loved one died in 2025, you use the 2025 threshold of $51,000, even if you are filing the affidavit in 2026.
Starting in 2024, Michigan law also allows you to deduct certain real property liens (up to $264,000 for 2026 deaths) when calculating whether the estate meets the threshold. This is specifically for the Petition for Assignment process, which we cover below.
Requirements to Qualify
To use the small estate affidavit (Form PC 598), all of the following must be true:
- At least 28 days have passed since the person died. This waiting period gives other potential heirs time to come forward and allows the full picture of the estate to emerge.
- The estate does not include any real property. This is the big one. If the deceased person owned a house, land, or any real estate in their name alone, you cannot use the affidavit process. You will need either the Petition for Assignment or full probate.
- The total value of the estate (minus liens and encumbrances) is less than the applicable threshold ($53,000 for 2026 deaths).
- No probate case has been opened or is pending for this estate.
- No Petition for Assignment has been filed.
- You are legally entitled to the property. This means you are the surviving spouse, an heir under Michigan intestacy law, or a beneficiary named in the deceased person's will.
If the estate includes real property or exceeds the threshold, you cannot use the affidavit. But you may still qualify for the Petition for Assignment, which is a simplified court process that is much faster and cheaper than full probate.
Two Options: Affidavit vs. Petition for Assignment
Michigan actually offers two simplified procedures for small estates. Understanding the difference helps you choose the right one.
Option 1: Small Estate Affidavit (MCL 700.3983)
- No court involvement at all
- Must wait 28 days after death
- No real property in the estate
- Estate value under the threshold ($53,000 for 2026)
- You present the form directly to banks and other institutions
- No court fees
- Creditors retain their rights for up to 6 years
Option 2: Petition for Assignment (MCL 700.3982)
- Goes through probate court, but simplified
- Can be filed immediately (no 28-day wait)
- Can include real property
- Estate value under the threshold (with real property lien deductions allowed)
- Court issues an Order of Assignment
- Filing fee: $37 plus inventory fee
- Creditors have only 63 days to make claims after the court order
The Petition for Assignment is the better choice when the estate includes real property, when you need to act quickly (no 28-day wait), or when you want the shorter creditor claim period. Many banks also prefer the court-issued Order of Assignment over the affidavit because it carries more authority.
The affidavit is the better choice when you want to avoid court entirely, the estate is simple (just bank accounts and personal property), and you are not concerned about creditor claims.
Step-by-Step: How to Use the Small Estate Affidavit
Here is exactly how to handle this yourself:
Step 1: Wait 28 days. You cannot use the affidavit until at least 28 days after the date of death. Use this time to gather information about the deceased person's accounts and assets.
Step 2: Confirm the estate qualifies. Add up the fair market value of everything the deceased person owned as of the date of death. This includes bank accounts, vehicles (use Kelley Blue Book private party value), stocks, personal property, and any money owed to them. Subtract liens and encumbrances. If the total is under $53,000 (for 2026 deaths) and there is no real property, you qualify.
Step 3: Get the form. Download Michigan court form PC 598 from the Michigan Courts website. You can also get a copy from your county probate court.
Step 4: Fill out the form. The affidavit asks for the deceased person's name, date of death, county of residence, and a list of their property. It also asks you to identify yourself and explain your relationship (surviving spouse, heir, beneficiary under a will, etc.). You must list every person who is entitled to a share of the estate and what portion they are entitled to.
Step 5: Get it notarized. The affidavit must be signed under oath before a notary public. Most banks, UPS stores, and shipping centers offer notary services for a small fee (usually $5 to $15 per signature).
Step 6: Get a certified copy of the death certificate. You will need to present this along with the affidavit. You can order certified copies from the Michigan Department of Health and Human Services or from the county clerk where the death occurred. Cost is typically $34 for the first copy and $16 for additional copies.
Step 7: Present the affidavit to each institution. Take the notarized affidavit and certified death certificate to each bank, brokerage, employer, or other entity holding the deceased person's assets. They are legally required to release the assets to you.
What Banks and Institutions Actually Want
In practice, some institutions are smoother about this than others. Here is what to expect:
Banks and credit unions: Most Michigan banks are familiar with Form PC 598 and will process it at a branch. Bring the notarized affidavit, certified death certificate, and your photo ID. Some banks may require their own internal form in addition to the state form. Ask when you call ahead.
The Secretary of State (vehicles): To transfer a vehicle title, you will need the affidavit plus the vehicle title (if available), a Michigan vehicle title application (Form TR-11), and the standard title transfer fee. If the title is lost, you can apply for a duplicate at the same time.
Employers (final paycheck or benefits): Contact the HR department and ask about their process for releasing final pay or benefits to a deceased employee's estate. Most will accept the affidavit.
Insurance companies: Life insurance with a named beneficiary does not go through the estate at all. The beneficiary claims directly. But if the estate is the named beneficiary, or if there are other insurance payouts owed to the estate, the affidavit should work.
Pro tip: call each institution before you visit. Ask what documents they need and whether they accept the PC 598 form. This saves you from making multiple trips.
The Creditor Risk You Need to Know About
Here is something many guides skip. When you use the small estate affidavit, you are personally taking on a degree of liability for the deceased person's debts.
Under Michigan law, if you collect property using the affidavit and the deceased person had unpaid debts, the creditors can come after you for up to the value of what you received. And because the affidavit process has no built-in creditor notification, those creditors retain their collection rights for the full statute of limitations, which is typically 6 years in Michigan.
Compare this to the Petition for Assignment, where creditors only have 63 days after the court order to make claims. That shorter window is one reason people sometimes choose the court process even when the affidavit would be simpler.
If you know the deceased person had significant debts, talk to an attorney before using the affidavit. If the debts exceed the assets, the estate may be insolvent, and you do not want to put yourself on the hook for debts that are not yours.
When Your Estate Doesn't Qualify
If the estate does not qualify for the small estate affidavit, you still have options:
- Estate includes real property but is under $53,000: Use the Petition for Assignment (MCL 700.3982) through probate court. Filing fee is $37 plus inventory fee.
- Estate exceeds $53,000: You will need to open a formal or informal probate case. This requires appointing a personal representative (executor), which is where having a will makes a huge difference.
- There are disputes among heirs: Even if the estate is small, disputes require court involvement to resolve. The small estate process assumes everyone agrees on who gets what.
Regardless of whether you qualify for the small estate process, having a will in place makes everything easier. A will names a personal representative, specifies who gets what, and can prevent disputes that turn a simple estate into an expensive legal battle.
Plan Ahead to Make This Even Easier
The small estate affidavit works after someone has already passed away. But the best time to plan is right now, while you are still here. A simple will ensures your family knows exactly what you want. Beneficiary designations on bank accounts and retirement funds let assets pass directly without any affidavit or probate at all. A power of attorney protects you if you become incapacitated before you die.
These are all things you can set up yourself with the right templates. You do not need to spend thousands on an attorney to get your basic estate plan in order.
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Frequently Asked Questions
Can I use the small estate affidavit if the deceased person had a will?
Yes. Having a will does not prevent you from using the affidavit. In fact, if the will names you as a beneficiary, that strengthens your claim. However, using the affidavit does not "probate" the will. If following the specific terms of the will is important (for example, if the will gives specific items to specific people), you may need to open a formal probate case to enforce those terms.
What if the bank refuses to accept my affidavit?
Some institutions are more cautious than others. If a bank refuses the affidavit, you have two options: ask to speak with a manager or their legal department (the bank is legally required to honor a valid affidavit under MCL 700.3983), or use the Petition for Assignment through probate court instead, which produces a judge-signed court order that banks are more comfortable accepting.
Do I need an attorney to fill out the small estate affidavit?
No. The form is designed for people to complete on their own. The Michigan court form PC 598 is a fill-in-the-blank document. The main thing you need to get right is accurately listing all of the deceased person's assets and all of the people entitled to a share. If you are unsure about who is legally entitled to the property, Michigan's intestacy rules (MCL 700.2101 through 700.2114) determine the answer.
How long does the whole process take?
After the mandatory 28-day waiting period, the actual process of filling out the form, getting it notarized, and presenting it to institutions can be done in a single day. Most banks process the asset transfer within 1 to 2 weeks after receiving the affidavit. The entire process from death to receiving assets is typically 5 to 8 weeks, compared to 7 to 12 months for formal probate.