Michigan Small Estate Affidavit Form

Michigan Small Estate Affidavit Form

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Last updated April 8th, 2026

Michigan small estate affidavit is a legal form that enables heirs and beneficiaries to collect a deceased person’s estate assets without court involvement. This method can only be used if the estate contains no real property and is valued below the state’s small estate limit.

Michigan small estate affidavit is a legal form that enables heirs and beneficiaries to collect a deceased person’s estate assets without court involvement. This method can only be used if the estate contains no real property and is valued below the state’s small estate limit.

Laws

  • Maximum Estate Value: $51,000 (as of this writing). This is adjusted annually according to the cost-of-living factor set by the Department of Treasury.[1]
  • Mandatory Waiting Period: 28 days[2]
  • Where to File: Not required in Michigan.

How to Use (3 Steps)

Step 1 – Check Qualifications

Certain statutory requirements must be met in order for an estate to qualify for distribution by affidavit. The conditions are as follows[3]:

  • The value of the estate cannot exceed $51,000 (as of this writing).
  • At least 28 days have passed after the decedent’s death.
  • No application or petition for the appointment of a personal representative has been made.
  • The successor must be entitled to the assets being claimed.
  • The estate cannot include real property.

Step 2 – Draft Affidavit

The successor seeking to claim assets must fill out the Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent (PC 598). The affidavit must be signed in the presence of a notary public, and a copy of the death certificate must be attached.

If the decedent left a motor vehicle, additional steps are required to change the vehicle title via a TR-40.

Step 3 – Collect Assets

The successor will present the affidavit and death certificate to the party possessing the decedent’s assets, who must relinquish the property named in the affidavit.[4]