How to Use a Small Estate Affidavit in Michigan

A Simple Alternative to Probate for Small Estates in Michigan

When a loved one passes away, the legal process of transferring their assets can feel overwhelming — especially if you’re grieving and unfamiliar with Michigan probate procedures. Fortunately, not every estate requires full probate. If the person who passed away had limited assets and no real estate, Michigan law provides a simpler alternative: the Small Estate Affidavit, officially known as the Affidavit of Decedent’s Successor (Form PC 598).

This affidavit allows qualified heirs to collect assets such as bank accounts, insurance proceeds (without named beneficiaries), and personal property without having to open a probate case in court. It’s designed to ease the burden on families by offering a quicker, less expensive solution when an estate qualifies under the law’s thresholds.

For families managing modest estates, this can mean avoiding court fees, legal paperwork, and months of delays. But because the rules are specific, it’s critical to understand exactly when the affidavit applies — and when it doesn’t.

Michigan’s Small Estate Affidavit is a valuable tool, but it’s not a one-size-fits-all solution. Knowing its limitations will help you avoid mistakes and unnecessary legal complications.

Michigan’s Eligibility Requirements for Using a Small Estate Affidavit

Before you can use a Small Estate Affidavit in Michigan, the estate must meet specific legal conditions outlined in state law. These requirements are designed to ensure the process is only used for truly small and uncomplicated estates — and to protect creditors and other heirs from being bypassed improperly.

Here’s a breakdown of what you need to confirm before proceeding:

✅ 1. Estate Value Must Be Below the Limit

The total value of the estate, after subtracting funeral and burial expenses, must be $25,000 or less. This limit is set by statute and adjusted annually for inflation (for current figures, refer to the Michigan Estates and Protected Individuals Code (EPIC)).

Example: If the estate has $30,000 in assets but $7,000 in funeral costs, the net estate would be $23,000 — under the threshold.

✅ 2. 28 Days Must Have Passed Since the Date of Death

You must wait at least 28 days after the person has passed away before you can submit the affidavit. This allows time for creditors and potential probate proceedings to be initiated, if necessary.

✅ 3. No Sole Ownership of Real Estate

If the deceased owned real estate in their name only, a Small Estate Affidavit cannot be used. Real estate transfers typically require probate or other formal mechanisms like a lady bird deed or a transfer-on-death designation. (Learn more in How to Transfer Real Estate Title After Death in Michigan.)

✅ 4. No Personal Representative Has Been Appointed

If a probate case has already been opened or a personal representative (executor) has been legally appointed by the court, you cannot use a Small Estate Affidavit for that estate.

✅ 5. You Must Be Legally Entitled to the Assets

The person completing the affidavit (called the affiant) must be legally eligible to receive the assets — either as a surviving spouse, child, named heir, or someone otherwise entitled under Michigan’s intestate succession laws.

Failing to meet even one of these conditions can invalidate the affidavit — or worse, expose you to legal liability. If you’re uncertain, check with your local probate court or explore resources like the State Bar of Michigan Probate Resource Center.

Up next, we’ll walk through each step of the process so you know exactly how to complete and submit the affidavit correctly.

Step-by-Step Guide to Completing a Small Estate Affidavit in Michigan

If the estate meets all the legal requirements, the next step is to properly fill out, notarize, and submit the Small Estate Affidavit. While the process is simpler than probate, it still requires attention to detail to avoid delays or legal issues.

Here’s a clear, step-by-step guide to help you through it:

📝 Step 1: Wait 28 Days from the Date of Death

This is a firm requirement under Michigan law. You must wait at least 28 calendar days after the decedent’s date of death before presenting the affidavit. Attempting to submit it earlier will result in rejection.

📄 Step 2: Download and Complete Form PC 598

This is the official Affidavit of Decedent’s Successor used statewide. You can download it directly from the Michigan Courts website. Be prepared to enter:

Decedent’s name and date of death
List of assets being claimed
Funeral and burial expenses
Your relationship to the decedent
Names of other heirs or beneficiaries

Tip: Use black ink and fill out all sections legibly. Incomplete or vague forms may be denied.

✍️ Step 3: Have the Form Notarized

Michigan requires the completed affidavit to be signed in front of a notary public. Notaries can be found at banks, credit unions, some libraries, and UPS stores. Make sure to bring a valid photo ID.

📎 Step 4: Attach the Death Certificate

A certified copy of the death certificate must be included with the affidavit. You can typically obtain this from the county clerk or the Michigan Department of Health and Human Services (MDHHS).

🏦 Step 5: Present the Affidavit to Asset Holders

Once notarized and complete, you can present the affidavit and supporting documents to the institution holding the asset(s). This could be a bank, insurance company, or the Michigan Secretary of State (for vehicles). They are required by law to release eligible property if all conditions are met.

By following these steps carefully, you can avoid common mistakes that lead to rejection. For more examples of how this process works in practice, review the Michigan Legal Help page on small estates.

In the next section, we’ll clarify which types of assets qualify — and which do not.

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What a Small Estate Affidavit Can — and Cannot — Be Used For in Michigan

Understanding which types of assets qualify for transfer under a Small Estate Affidavit is essential. Using the affidavit incorrectly — for property it doesn’t apply to — can result in denial, legal liability, or delays that complicate the estate process.

Below is a breakdown of what is and is not allowed under Michigan’s small estate law:

✔️ You Can Use It For:

1. Bank Accounts:
Accounts held solely in the decedent’s name with no joint owner or payable-on-death beneficiary can typically be claimed.

2. Vehicles and Personal Property:
Cars, household items, electronics, jewelry, and other belongings are often included — especially when their total value keeps the estate below the threshold. For vehicles, the Michigan Secretary of State accepts affidavits with proper documentation.

3. Unclaimed Wages or Insurance Proceeds:
If no beneficiary was named on a small life insurance policy or last paycheck, the affidavit may allow transfer to the rightful heir.

Important: Always check with the asset-holding institution in advance — some may have specific requirements or internal review processes.

✘ You Cannot Use It For:

1. Real Estate Held Solely in the Decedent’s Name:
Even a small vacant lot in the decedent’s name will disqualify the estate from using this affidavit. Property transfers require probate, a Lady Bird deed, or a transfer-on-death provision. (See: How to Transfer Real Estate Title After Death in Michigan)

2. Jointly Owned or Payable-on-Death Assets:
If a joint owner or named beneficiary exists, the asset passes automatically and does not require the affidavit.

3. Assets Already in Probate:
If someone has filed to be the personal representative or opened probate, the affidavit can no longer be used.

Knowing these limits can save you time — and keep you out of legal hot water. If you’re trying to handle an estate and discover real estate or probate proceedings are already in motion, explore other guides on selling inherited property or selling a house in probate.

Next, we’ll look at some legal responsibilities and potential risks you should be aware of when using a Small Estate Affidavit.

Legal Responsibilities and Risks When Using a Small Estate Affidavit in Michigan

Although the Small Estate Affidavit offers a convenient way to transfer assets, it still comes with serious legal responsibilities. If you're completing and submitting this form, you're legally accountable for doing it correctly — and for ensuring that all rightful heirs are treated fairly.

Here’s what you need to understand before signing and submitting the affidavit:

⚖️ You Must Distribute Assets to All Legal Heirs

Even though one person (the affiant) completes the form and collects the assets, they do not get to keep everything automatically. Michigan law requires the affiant to:

Identify all heirs entitled to a share of the estate (under a will or state intestacy laws)
Distribute the assets accordingly, based on each person’s legal share
Maintain clear records showing how the funds or property were divided

Failing to do so can expose the affiant to legal claims by other heirs.

💼 Creditors Can Still File Claims Against the Estate

Using a Small Estate Affidavit does not eliminate debts. If the deceased owed money (e.g., credit cards, medical bills, or taxes), creditors can still pursue repayment — even after assets have been distributed. In some cases, the person who received the funds may be responsible for paying them back.

It’s best to check for known debts before using the affidavit, and consider holding funds for a short period to allow creditor claims.

Learn more about debt and inheritance on the State Bar of Michigan's Probate Resources page.

🚫 False or Incomplete Information Can Lead to Penalties

Submitting a fraudulent or incomplete affidavit — whether intentionally or not — may be considered perjury or fraudunder Michigan law. This can result in:

Civil penalties (including repayment of wrongfully obtained assets)
Criminal charges in serious cases
Being sued by omitted heirs or creditors

Always double-check that the information on the form is accurate and that you understand your legal duties before signing.

📂 Keep Copies of Everything

Once submitted, you may not receive a copy back from the bank or institution. Make sure to keep a full copy of:

The completed and notarized affidavit
The death certificate
Any correspondence or proof of asset transfers

These records can be important if heirs or creditors have questions later.

Being thorough and honest is key. If you're ever unsure, it’s wise to consult your county probate court clerk or seek free guidance from nonprofit legal organizations like Michigan Legal Help.

In the final block, we’ll summarize when a Small Estate Affidavit makes sense — and what to do if your situation doesn’t qualify.

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When a Small Estate Affidavit Makes Sense — and When It Doesn’t

Michigan’s Small Estate Affidavit can be a powerful shortcut when dealing with a modest estate — but it’s not always the right tool. Knowing when this process fits your situation (and when it doesn’t) will help you avoid missteps, wasted time, or legal issues down the road.

✅ When It’s a Good Fit:

No Real Estate: The decedent didn’t own a home or land in their name alone.
Low Asset Value: After subtracting funeral expenses, the estate’s value is below the $25,000 threshold.
No Probate Opened: No one has been appointed as personal representative or filed for probate yet.
You Know the Heirs and Debts: The affiant understands who’s entitled to inherit and is aware of any debts or claims against the estate.

If all of these apply, using Form PC 598 can save you weeks of paperwork, court filings, and legal expenses.

⚠️ When It’s Not a Good Fit:

The decedent owned real estate, even a vacant parcel.
The total estate value is over the legal limit, even after expenses.
There is already an open probate case or a dispute among heirs.
There are complicated assets (e.g., businesses, trusts, or foreign accounts).

In these cases, you’ll likely need to pursue formal probate, or in some situations, file for a different type of simplified proceeding. For more options, visit the Michigan Courts Probate Overview or check out the probate support section on Michigan Legal Help.

If you're dealing with a house left behind or unsure what the decedent owned, you may find these guides useful:

In the next section, we’ll wrap up this guide with a recap — and share a few suggestions if you’re still unsure what path to take.

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Final Thoughts — Is the Small Estate Affidavit Right for You?

The Small Estate Affidavit is one of Michigan’s most helpful legal shortcuts for families dealing with limited, uncomplicated estates. When used correctly, it can save time, money, and stress — especially during a period of grief.

To recap, the affidavit may be a good option if:

The estate is worth less than $25,000 after funeral expenses
It’s been at least 28 days since the date of death
There’s no real estate titled solely to the decedent
No probate has been opened
You, as the affiant, understand your duty to repay creditors and distribute assets fairly to other heirs

If even one of these conditions isn’t met, it’s worth exploring other estate administration paths, such as simplified probate or full probate. You can always contact your local probate court clerk for guidance on next steps.

📌 Where to Get Help or More Information

Review the affidavit and instructions on the Michigan Courts official form page (PC 598)
Use Michigan Legal Help to learn more or find assistance
Read more about common probate scenarios in Selling Inherited Property with Siblings in Michigan

If you discover real estate is involved — or you're unsure about what assets the decedent left behind — it's okay to pause. Take time to gather information, talk to the probate court, or speak with someone who’s handled similar situations.

And if you need help sorting through options for a house in probate, a vacant inherited home, or other property-related questions, you can always reach out — no pressure, just straight answers.

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