Small estate affidavit in Michigan: limit, waiting period, form and where to file
Michigan lets heirs collect a small estate with the Affidavit of Decedent's Successor for Delivery of Certain Assets instead of probate when the estate is under $30,000, at least 28 days have passed, and no probate has been opened. It never goes to court: you hand it to whoever holds the asset.
| Limit | $30,000 — ≈ $30,000 after funeral and burial expenses (the figure is adjusted for inflation each year — verify the current one) |
|---|---|
| Waiting period | 28 days from the date of death |
| With a will? | Works with or without a will. |
| Real estate? | Real estate needs the probate court's small-estate petition (PC 556) or formal probate; the affidavit only moves personal property. |
| Form | Affidavit of Decedent's Successor for Delivery of Certain Assets (PC 598) MCL 700.3983 |
| Where it goes | Not filed with any court — presented to the bank, DMV or employer holding the asset |
| Signing | Notarized. Alternative route: petition PC 556 filed with the probate court ($25) when the estate is under the limit — that route can include a vehicle or real estate |
Check whether your estate qualifies in Michigan
Michigan · six questions
Some states file with the county court; others never go to court — the affidavit goes straight to the bank or DMV. The county decides the office and the fee.
Bank accounts, vehicles, final paychecks, personal property. Leave out joint accounts, accounts with a named beneficiary, and life insurance — those pass without probate anyway.
Most states make you wait 10–45 days before the affidavit can be signed or filed.
Your next 60 days
What makes Michigan different
Michigan gives you two doors. The affidavit (PC 598) is the fast one — 28 days, notarized, handed to the bank. The petition (PC 556) goes through the county probate court for $25, takes a few weeks, and is the one to use when there's a car, a house, or a bank that refuses affidavits.
The limit is applied after funeral and burial costs are subtracted, so an estate slightly over the figure can still qualify once the funeral bill is counted.
Michigan Legal Help's Do-It-Yourself tool fills PC 598 and PC 556 free, and the Secretary of State has form TR-29 for vehicles under the same limit.
Michigan counties: office, fee, local form
The state sets the rule; the county sets the counter. These are the Michigan counties people ask about most:
$0 affidavit / $25 petitionMI · NO COURT FILINGOakland County small estate affidavitPresent to holder / Oakland County Probate Court, 1200 N Telegraph Rd, Pontiac
$0 / $25MI · NO COURT FILINGKent County small estate affidavitPresent to holder / Kent County Probate Court, 180 Ottawa Ave NW, Grand Rapids
$0 / $25MI · NO COURT FILINGMacomb County small estate affidavitPresent to holder / Macomb County Probate Court, 21850 Dunham Rd, Clinton Township
$0 / $25
Step by step in Michigan
- Order certified death certificates. Five or more from the county vital records office; every holder keeps one.
- Inventory the estate. Everything in the person's sole name with no beneficiary. Compare the total to Michigan's limit ($30,000).
- Wait 28 days. Michigan requires 28 days from the date of death.
- Complete and sign the Michigan form. Affidavit of Decedent's Successor for Delivery of Certain Assets (PC 598). Notarized. Alternative route: petition PC 556 filed with the probate court ($25) when the estate is under the limit — that route can include a vehicle or real estate.
- Present it to each holder. Bank, DMV, employer — with a certified death certificate each time.
- Pay debts, then distribute. Funeral and last medical bills first, then known creditors, then heirs as the statute directs. Keep receipts.
If the bank refuses
Michigan banks reject affidavits for the same four reasons as everywhere else: the branch doesn't know MCL 700.3983, the bank wants its own form as well, the waiting period was miscounted, or the notarization is missing. Each has a fix that doesn't need a lawyer; the $49 packet includes the affidavit versions Bank of America, Chase, U.S. Bank and Wells Fargo use.
When Michigan requires probate instead
Over the limit, real estate the affidavit can't move, a dispute between heirs, or a creditor who won't accept the affidavit — any of these means a probate track: summary or formal administration. The checker above switches to a probate timeline when that's the case and can connect you with a probate attorney licensed in Michigan; the attorney pays the referral fee, you don't.
Common questions
What is the small estate limit in Michigan?
$30,000 — ≈ $30,000 after funeral and burial expenses (the figure is adjusted for inflation each year — verify the current one). Assets that pass outside probate (joint accounts, payable-on-death accounts, life insurance, trust assets) are not counted.
How long do I have to wait to file a small estate affidavit in Michigan?
28 days from the date of death. After that you present it directly to the bank, DMV or employer — no court is involved.
Does the Michigan small estate affidavit work if there is a will?
Works with or without a will.
Can I use a small estate affidavit for a house in Michigan?
Real estate needs the probate court's small-estate petition (PC 556) or formal probate; the affidavit only moves personal property.
Do I need a lawyer for a small estate affidavit in Michigan?
No. The form is published by the state and completed by the heir. A lawyer is worth consulting when the estate is over the limit, when there's real estate the affidavit can't move, or when heirs disagree — the checker on this page flags each of those.
Which Michigan counties are covered?
Wayne County, Oakland County, Kent County, Macomb County. Each county page names the office, the fee and any local form requirement.
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