If a Michigan resident dies with a small enough estate, their heirs can skip probate court entirely. Michigan's small estate affidavit process under MCL 700.3982 lets family members collect a deceased person's assets by filing a single form and paying a $28 filing fee - no lawyer required, no formal probate opening, no personal representative appointment. The catch: the total estate must be under Michigan's inflation-adjusted small-estate cap ($27,000 in 2026, adjusted annually) AFTER subtracting funeral and burial costs. This guide covers who qualifies, what counts toward the limit, exactly how to fill out and file the affidavit at your Michigan county probate court, and what to do if the estate is just over the line.
The 30-Second Answer
- Cap: total probate assets under $27,000 (Michigan 2026 inflation-adjusted figure under MCL 700.1210).
- Wait period: 28 days after death before filing.
- Form: Michigan probate court form PC-598 (Petition and Order for Assignment). Free download from Michigan Courts website.
- Filing fee: $28 in most counties as of 2026 (per MCL 600.880). Check with your county probate court.
- Petitioner: any heir, or the person who paid funeral expenses.
- Result: judge signs an order transferring assets directly to heirs. Bypasses formal probate.
- Not covered: real estate (with rare exceptions), assets with beneficiary designations, jointly-owned property.
Who Qualifies
To use Michigan's small estate affidavit under MCL 700.3982, ALL of the following must be true:
- The deceased was a Michigan resident at time of death (or owned Michigan property)
- Total value of probate assets (see next section) is under the current cap - $27,000 in 2026 (adjusted annually for inflation)
- At least 28 days have passed since the death
- No probate case has already been opened for the estate
- The petitioner is either an heir OR someone who has paid funeral or burial expenses
Multiple heirs can petition together, but only ONE small estate affidavit is filed per estate. The court then signs an "Order for Assignment" (PC-599) directing the transfer of assets.
What Counts Toward the $27,000 Limit
This is where most Michigan DIY heirs get confused. The $27,000 cap applies to probate assets only - assets in the deceased's sole name at death that would otherwise require probate. Many valuable assets do NOT count.
Counts Toward the Cap (Probate Assets)
- Bank accounts in the deceased's sole name (no beneficiary or joint owner)
- Vehicles titled solely to the deceased (unless a Michigan Certificate of Title has a Transfer-on-Death designation)
- Personal property (furniture, jewelry, tools, household items)
- Final paycheck owed to the deceased
- Tax refunds owed to the deceased
- Uncashed checks payable to the deceased
Does NOT Count Toward the Cap (Non-Probate Assets)
- Life insurance with a named beneficiary (goes directly to the beneficiary - see our Michigan life insurance beneficiary guide)
- Retirement accounts with beneficiary designations - 401(k), IRA, pension (see our Michigan 401(k) and IRA beneficiary guide)
- Payable-on-Death (POD) or Transfer-on-Death (TOD) accounts
- Jointly-owned property with right of survivorship - joint bank accounts, jointly-titled cars, jointly-titled real estate
- Assets held in a Michigan revocable trust (see our Michigan living trust cost guide)
- Real estate transferred via a Michigan Lady Bird deed or held as tenancy by the entirety with a spouse
Practical implication: a Michigan resident who dies with $75,000 in a 401(k) named to a beneficiary, a $200,000 home held jointly with spouse, and $18,000 in a solo checking account can STILL qualify for the small estate affidavit because only the $18,000 checking account is a "probate asset." Most Michigan families with modest but well-titled estates never see the inside of a probate courtroom.
The Funeral-Cost Deduction
Under MCL 700.3982(1), you subtract "reasonable funeral and burial expenses" from the total probate estate before comparing to the $27,000 cap. So if the probate estate is $32,000 and you paid $6,000 in funeral costs, the "net" figure is $26,000 - just under the limit.
Form PC-598: What to Include
Michigan probate courts use standard form PC-598 (Petition and Order for Assignment - Small Estate). Sections you must complete:
Petitioner Section
- Your name, address, telephone
- Your relationship to the deceased (spouse, child, parent, sibling, creditor, funeral bill payer)
Decedent Section
- Full name of deceased
- Date of death
- County of residence at death (this determines which Michigan probate court you file in)
- Age at death
- Whether the deceased left a will (attach a copy if there is one)
Estate Section
- Itemized list of all probate assets with their values as of date of death
- Total probate estate value
- Funeral/burial expenses paid
- Net estate (total minus funeral expenses)
Heirs Section
- Names and addresses of ALL heirs (surviving spouse, all children, adopted children, and if applicable, parents or siblings)
- Relationship of each heir to the deceased
- Whether each heir is a minor or under a legal disability
You must serve a copy of the completed affidavit on every listed heir (except yourself) before or when you file. Certified mail with return receipt is Michigan's recommended method.
Filing the Affidavit: Step-by-Step
- Wait 28 days from date of death. This is a hard statutory minimum under MCL 700.3982(1).
- Order a certified copy of the death certificate from the Michigan Department of Health and Human Services or the local funeral director ($34 in 2026).
- Locate any Michigan will. If there's a will, you must attach a copy AND still file the small estate affidavit. The will controls distribution; the affidavit just skips probate opening.
- Inventory all assets and value them. Bank statements as of date of death, Kelley Blue Book values for vehicles, itemized personal property list.
- Confirm total probate estate is under $27,000 AFTER funeral cost deduction.
- Download form PC-598 from the Michigan Courts website (Search "PC-598 Michigan Courts").
- Fill out the form completely. Sign in front of a notary public or the probate court clerk.
- Serve copies on all named heirs by certified mail. Save the return receipts.
- File the original at the probate court in the deceased's county of residence. Bring:
- Completed PC-598
- Certified death certificate
- Copy of any will (if applicable)
- $28 filing fee (check with local court; some counties are $30-$40)
- Proof of service on heirs
- Wait for the judge to sign the Order for Assignment (PC-599). This usually takes 3-14 days. Some Michigan probate courts sign at the counter.
- Take certified copies of the Order to each institution holding assets. Banks release funds to named heirs. Michigan Secretary of State transfers vehicle titles.
- Distribute assets according to the Order (or according to the will if there is one).
Typical time from filing to distribution: 2-6 weeks in Michigan counties with efficient probate operations. Total out-of-pocket cost: $28 filing fee + $34 death certificate + notary fee ($10 or free at your bank) + certified mail ($5 per heir).
Michigan Alternatives if You Do Not Qualify
If the probate estate is over $27,000, or if you need to transfer Michigan real estate that was not held jointly or via Lady Bird deed, other Michigan options may still avoid full formal probate:
Summary Administration (MCL 700.3987)
An expedited procedure available when the surviving spouse is the sole heir and the entire estate (after homestead allowance, exempt property, and family allowance) is claimed by the spouse. Faster than formal probate. Filing fee still applies.
Unsupervised Formal Probate
For larger estates that must go through probate. Under Michigan Estates and Protected Individuals Code (EPIC), most estates are eligible for "unsupervised" administration, meaning the personal representative can handle the estate without court hearings for each step. Cost is higher (attorney typically involved, $2,500-$5,000) but skips many hearings.
Michigan Motor Vehicle Certificate of Title Transfer
Michigan Secretary of State allows transfer of a vehicle titled to the deceased using form TR-29 (Certification from the Heir to a Vehicle) if the vehicle value is under $60,000 and it's the only Michigan asset. This is separate from the small estate affidavit and can be done even when the probate estate exceeds $27,000.
Institution-Specific Small-Account Releases
Many Michigan banks will release accounts under $5,000-$15,000 to a spouse or heir with just a death certificate and a signed indemnity - no court involvement at all. Ask each institution.
See our Michigan probate avoidance strategies guide for the full toolkit.
Common Pitfalls
Real Estate
The Michigan small estate affidavit does NOT transfer real estate. Even if the home is only worth $20,000, the small estate affidavit cannot deed it to heirs. Real estate requires either joint ownership at death, a Lady Bird deed, a trust, or formal probate.
Forgotten Heirs
Failing to list all heirs (e.g., a child from a prior marriage) can invalidate the affidavit and expose the petitioner to personal liability. List everyone even if they'll ultimately disclaim.
Overvaluing to be Safe
Some families inflate personal property values "to be safe." This can push the estate over the $27,000 cap and eliminate small-estate eligibility. Value at fair market resale (garage sale) prices, not replacement cost.
Ignoring Michigan Creditors
The small estate affidavit petitioner takes personal responsibility for the deceased's outstanding debts (up to the value of assets received). A signed small estate affidavit does not extinguish debts - creditors can still pursue heirs.
Missing the Michigan Homestead Allowance
Under MCL 700.2402, a surviving spouse or minor children are entitled to a homestead allowance ($27,000 in 2026, adjusted annually) that comes off the top before other heirs receive anything. Include this in the affidavit calculation.
Not Waiting 28 Days
Filing before the 28-day statutory wait period results in rejection. Circle the date on your calendar and be patient.
Frequently Asked Questions
Does the small estate affidavit override a Michigan will?
No. If there's a will, distribution follows the will. The small estate affidavit just skips formal probate. If there's no will, Michigan's intestate succession rules apply (MCL 700.2101 et seq.).
Can I use the small estate affidavit for real estate?
Generally no, except in narrow circumstances involving certain manufactured homes or mineral interests. Real estate needs a different transfer mechanism.
What if the estate is just over $27,000?
Subtract funeral and burial expenses first. If still over, consider whether some assets should be reclassified as non-probate (POD conversions after the fact, etc. - though most of this must be done BEFORE death). Otherwise, use summary administration or full probate.
Do I need a lawyer for the Michigan small estate affidavit?
No. It is designed for DIY use. Michigan probate court clerks can answer procedural questions (but cannot give legal advice). CreateMIWill's Michigan Will Kit ($89) includes a small estate affidavit instructions supplement.
Can I still file if I do not know all the heirs?
You must make good-faith efforts to identify all heirs. If you truly cannot locate one after diligent search, note this on the affidavit. The court may require additional proof of the search.
How is the $27,000 cap set?
Under MCL 700.1210, Michigan adjusts small-estate and homestead thresholds annually for inflation using a CPI-U formula. Confirm the current-year figure on the Michigan Courts website before filing.
Does the small estate affidavit apply if the deceased died in another state but had Michigan property?
Michigan probate courts can handle ancillary small-estate proceedings for out-of-state decedents with Michigan probate assets. Use PC-598 filed in the Michigan county where the property is located.
What if a creditor comes forward after I have received the assets?
You are personally liable for the decedent's debts up to the value of the assets you received. If a legitimate creditor claim exceeds what you received, you owe the amount received. Keep records of all distributions.
Can I recover attorney fees or filing fees from the estate?
Yes. Reasonable filing fees, notary fees, and certified mail costs can be reimbursed from the estate before distribution. Attorney fees can be paid only if the estate can afford them AND heirs agree.
What is the difference between a small estate affidavit and a Michigan transfer-by-affidavit?
Different mechanisms. The small estate affidavit (PC-598) is a court-supervised transfer requiring judge approval. Michigan also has "affidavit of decedent's successor" transfers under MCL 700.3983 that can be used at banks and DMVs for very small amounts without court involvement - typically under $15,000 combined and 28 days after death. Ask the specific institution.
Michigan Estate Plan That Prevents Probate Entirely
The Michigan small estate affidavit is a lifesaver AFTER someone dies with a small estate. But the better strategy is to structure your estate DURING your lifetime so no probate is needed at all - through beneficiary designations, Lady Bird deeds, joint titling, and a revocable trust. The CreateMIWill Complete Bundle ($349) provides Michigan-compliant templates for all of these.
Michigan Probate-Avoidance Ready -- Complete Bundle $349
Michigan revocable trust template + Lady Bird deed template + POD/TOD designation checklist + Michigan will as a "safety net." Attorney-drafted, plain-English instructions. The combined toolkit that keeps modest Michigan estates OUT of probate entirely.