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.