Michigan
Michigan Small Estate Affidavit: Limits, Rules and How to Use It
Independently fact-checked against primary sources (last audited October 8, 2026). · 16 primary sources cited on this page. How we verify our legal content
In Michigan, a family member or other successor can collect a deceased person's money and personal property without probate court by signing a sworn statement under MCL 700.3983, using the state court form PC 598, Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent. It works only after 28 days have passed since the death, only if the estate contains no real property, and only if the estate's value, net of liens and encumbrances, does not exceed $50,000 as adjusted for inflation for the year of death ($53,000 for deaths in 2026, according to Michigan probate court tables).
For a small estate that includes a house, Michigan offers a court-ordered shortcut instead, the Petition and Order for Assignment (MCL 700.3982). For how other states handle small estates, see our small estate affidavit rules by state.
Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Michigan's collection of personal property by sworn statement (MCL 700.3983 and 700.3984), the Petition and Order for Assignment (MCL 700.3982), summary proceedings for small estates (MCL 700.3987 and 700.3988), release of cash and clothing by hospitals and similar holders (MCL 700.3981), the inflation adjustment in MCL 700.1210, vehicle transfers under MCL 257.236, and payment of a deceased employee's wages under MCL 408.480. It does not cover full probate administration, who inherits under Michigan law, estate tax, or other states' procedures.
Michigan's small estate options at a glance
Michigan has more than one way to settle a small estate. Which one fits depends mostly on whether the estate includes real property and whether you need a court order.
| Route | Statute and form | Dollar limit | Real property | Court involvement |
|---|---|---|---|---|
| Affidavit of decedent's successor | MCL 700.3983; SCAO form PC 598 | $50,000 base, adjusted under MCL 700.1210 ($53,000 for 2026 deaths), net of liens and encumbrances | Not allowed: the estate must include no real property | None; presented directly to the holder |
| Petition and Order for Assignment | MCL 700.3982; SCAO form PC 556 | $50,000 base, adjusted under MCL 700.1210 ($53,000 for 2026 deaths), measured on the balance of the gross estate | Counted, with debt secured by the real property deducted up to a $250,000 base, adjusted ($264,000 for 2026 deaths) | Probate court order |
| Summary proceeding for small estates | MCL 700.3987 and 700.3988; SCAO form PC 590 | No fixed dollar cap (see below) | Not limited by this test | Personal representative files a sworn closing statement |
| Release of cash and clothing | MCL 700.3981 | $1,500 base, adjusted under MCL 700.1210 | Not applicable | None |
The dollar limit and how it changes each year
MCL 700.3983 requires that "the estate does not include real property and the value of the entire estate, wherever located, net of liens and encumbrances, does not exceed $50,000.00, adjusted as provided in section 1210."
Section 1210 explains the adjustment: "Beginning January 1, 2024, those specific dollar amounts must be multiplied by the 2023 cost-of-living adjustment factor for the calendar year in which the decedent dies." In practice, the limit that applies is the one for the year of death, not the year you sign. The Michigan Department of Treasury certifies the adjusted figures each year, rounded to the nearest $1,000.
For deaths in 2026, Michigan probate courts list the adjusted small estate limit as $53,000 and the maximum real-property debt deduction for an assignment as $264,000 (for 2025 deaths: $51,000 and $257,000), according to tables published by the Kent County and Berrien County probate courts. Use the figure for the year of death, and confirm it with the probate court register in the county where the person lived.
Why older guides show lower numbers: 2024 Public Act 1, effective February 21, 2024, raised the base to $50,000, added the 2023-factor indexing, and added the real-property debt deduction for assignments. Limits quoted before that date are no longer the base.
The 28-day wait and other conditions
MCL 700.3983 sets these conditions before a holder must pay or deliver:
- Time: "Twenty-eight days have elapsed since the decedent's death."
- No pending administration: "An application or petition for the appointment of a personal representative is not pending or has not been granted in any jurisdiction."
- Everyone else named: the statement gives "the name and address of each other person that is entitled to a share of the property and the portion to which each is entitled."
- Death certificate: the successor presents a copy of the death certificate with the statement.
Form PC 598 adds one more sworn item: "A petition for assignment has not been filed with a court." You cannot run the affidavit and the court assignment for the same estate at the same time.
Who can sign
The statute allows "a sworn statement made by or on behalf of the successor." Form PC 598 lists who may sign as a successor: the surviving spouse, an adult child, another heir, a devisee under the will, or a fiduciary acting for an heir or devisee who is incapacitated.
Because a devisee under a will is on that list, the affidavit is not limited to estates without a will. The conditions above still apply either way.
Step by step
- Wait 28 days from the date of death.
- Confirm the estate fits. No real property, and the net value is within the adjusted limit for the year of death. Count everything in the estate wherever it is located.
- Complete form PC 598. It is the State Court Administrative Office's approved form, available from the Michigan courts website.
- Sign before a notary. PC 598 is a sworn affidavit.
- Present it to each holder (a bank, credit union, employer or company holding the decedent's stock) with the death certificate. Nothing is filed with the probate court.
What the holder hands over is personal property: the statute says a holder shall "pay the indebtedness or deliver the tangible personal property or the instrument to a person claiming to be the decedent's successor." That reaches bank balances and other debts owed to the decedent, tangible items, and instruments for a debt, obligation, stock or chose in action.
For stock, MCL 700.3983 is specific: "A transfer agent of a security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of a sworn statement."
Protection for the holder and duties for you
Under MCL 700.3984, a holder that pays or delivers under the sworn statement "is discharged and released to the same extent as if the person dealt with the decedent's personal representative." The holder "is not required to see to the application of the personal property or evidence of the application, or to inquire into the truth of a statement in the sworn statement."
That protection shifts responsibility to the person who signs. The same section says: "A person to whom payment, delivery, transfer, or issuance is made is answerable and accountable for the property to a personal representative of the estate or to another person having a superior right." If you collect more than your share, or a later personal representative is appointed, you may have to account for and return what you received.
If a holder refuses to pay or deliver, the successor can bring a court proceeding to compel it. MCL 700.3982 also says that "a person, other than the court, shall not require the authorized person to use 1 procedure rather than the other," so a bank cannot insist on the assignment route instead of the affidavit.
Watch out: Form PC 598 carries this notice: "A false statement on this affidavit may subject the person swearing to the statement to prosecution for perjury."
If the estate includes a house: Petition and Order for Assignment
Real property rules out the affidavit, but it does not always mean full probate. Under MCL 700.3982, if "the balance of a decedent's gross estate consists of property of the value of $50,000.00 or less, the court may order that the property be turned over to the surviving spouse or, if there is not a spouse, to the decedent's heirs." That $50,000 is also adjusted under section 1210; probate court tables list it as $53,000 for deaths in 2026.
Since January 1, 2024, real property gets favorable treatment in that calculation: "if real property included in the estate is encumbered by or used as security for an indebtedness, the amount of the indebtedness, not to exceed $250,000.00, must be deducted from the value of the real property." The $250,000 cap is a base amount adjusted under section 1210 as well; probate court tables list it as $264,000 for deaths in 2026.
How it works:
- You file SCAO form PC 556, Petition and Order for Assignment with the probate court, and a judge issues the order.
- The court acts "on a showing of evidence, satisfactory to the court, of payment of the expenses for the decedent's funeral and burial."
- The court "shall order that the property be first used to pay the unpaid funeral and burial expenses, or to reimburse the person that paid those expenses," with the balance going to the surviving spouse or, if none, the heirs.
- An heir who receives property through the order "is responsible, for 63 days after the date of the order, for any unsatisfied debt of the decedent up to the value of the property received through the order." The statute has exceptions to this rule, so read section 3982 if it may apply to you.
Filing a Petition and Order for Assignment costs a $25 filing fee under MCL 600.880, plus an inventory fee based on the estate's value (MCL 600.871) and any certified copies you order; ask the probate court register for the total. For the house itself, our guide to Michigan property records explains how deeds are recorded.
Summary proceedings when the estate is used up by allowances and expenses
Michigan has a third route that has no fixed dollar cap. Under MCL 700.3987, it applies when the estate, less liens, "does not exceed administration costs and expenses, reasonable funeral and burial expenses, homestead allowance, family allowance, exempt property, and reasonable, necessary medical and hospital expenses of the decedent's last illness."
This route needs an appointed personal representative, who pays those items and then files a sworn closing statement on SCAO form PC 590. Under MCL 700.3988, "If an objection to the sworn statement is not filed within 28 days after the filing date, the register shall issue a certificate." Because it starts with an appointment, it is a form of probate, explained further in our guide to Michigan probate.
Cars, final wages and personal effects
Vehicles. MCL 257.236 lets a surviving spouse, or if none an heir, transfer the decedent's vehicles through the Michigan Secretary of State when the owner "does not leave other property that requires the issuance of letters." The statute caps the value of vehicles that can pass this way. For the 2024 and 2025 calendar years the cap was $100,000. From 2026 on it is adjusted each year for inflation, and our research did not find the 2026 figure, so ask a Secretary of State office for the current cap.
Final wages. Under MCL 408.480, if the employee filed a signed statement naming a designee with the employer before death and no letters of administration are required, the employer pays that designee. Otherwise the employer pays wages and fringe benefits not already paid under a written plan "to 1 or more of the following persons in the priority listed": the surviving spouse, then children, then a mother or father, then a sister or brother. Payment under this section discharges the employer, and our research found no dollar cap in it.
Cash and clothing held by a hospital or nursing home. Under MCL 700.3981, "a hospital, convalescent or nursing home, morgue, or law enforcement agency holding $1,500.00 or less and wearing apparel of a decedent may deliver the money and wearing apparel" to the decedent's spouse, child or parent, who gives a sworn statement "that the individual is the decedent's spouse, child, or parent and that there is no application or petition pending for administration of the decedent's estate." The $1,500 is also a base amount adjusted under section 1210.
Unclaimed property. Our research could not confirm what proof the Michigan Department of Treasury accepts from a successor claiming a decedent's unclaimed property. Ask the Treasury before you file, and see our page on Michigan unclaimed property for how to search.
When you need full probate instead
The affidavit is available only when every condition in MCL 700.3983 is met. Expect to need the probate court when:
- The estate includes real property and is too large for an assignment under MCL 700.3982.
- The net value is over the adjusted limit for the year of death.
- A personal representative has already been appointed, or an application is pending, anywhere.
- Successors disagree about who is entitled to what.
Our guide to Michigan probate explains the options.
Related
- Small estate affidavit rules by state
- Michigan probate
- Michigan unclaimed property
- Michigan property records
- Indiana small estate affidavit
- Wisconsin small estate affidavit
Disclaimer: This article provides general legal information about Michigan's small estate procedures under the Estates and Protected Individuals Code (MCL 700.3981 to 700.3988 and 700.1210), MCL 257.236 and MCL 408.480, verified on 2026-10-07. It is not legal advice. For your specific situation, contact the probate court register in the county where the person lived, a legal aid office, or a lawyer licensed in Michigan.
Last updated: 2026-10-07.
Frequently Asked Questions
What is the small estate limit in Michigan?
MCL 700.3983 sets a $50,000 base, measured net of liens and encumbrances, and MCL 700.1210 adjusts it for inflation according to the year of death. Use the adjusted figure for the year the person died: Michigan probate court tables list $53,000 for deaths in 2026 and $51,000 for deaths in 2025. The probate court register can confirm the figure.
How long after death can I use a small estate affidavit in Michigan?
Twenty-eight days must have elapsed since the decedent's death, under MCL 700.3983. No application or petition to appoint a personal representative can be pending or granted anywhere.
Does a Michigan small estate affidavit need to be filed with the court?
No. The PC 598 affidavit is signed before a notary and presented directly to whoever holds the property, such as a bank or a transfer agent. The court-filed alternative is the Petition and Order for Assignment (PC 556).
Can I transfer a house with a small estate affidavit in Michigan?
No. MCL 700.3983 requires that "the estate does not include real property." A small estate with a house can use a Petition and Order for Assignment under MCL 700.3982, which counts the real property but deducts debt secured by it up to a $250,000 base amount, adjusted for inflation ($264,000 for deaths in 2026).
Who can sign the Michigan small estate affidavit?
A person claiming to be the decedent's successor, or someone on their behalf. Form PC 598 lists a surviving spouse, an adult child, another heir, a devisee under a will, or a fiduciary for an incapacitated heir or devisee.
Can I use the Michigan affidavit if there is a will?
Yes, if every condition is met. Form PC 598 lists a devisee under a will among the people who may sign, so the affidavit is not limited to estates without a will.
How do I get a deceased family member's final paycheck in Michigan?
MCL 408.480 directs the employer to pay a designee the employee named in a signed statement filed with the employer, if no letters of administration are required. Otherwise the employer pays unpaid wages and fringe benefits to family members in a priority order that starts with the surviving spouse. The research for this page found no dollar cap in that section.
What if the bank refuses the Michigan small estate affidavit?
MCL 700.3984 protects a holder that pays under the affidavit, which should reassure the bank. If it still refuses, the successor can ask the court to compel delivery, or use the court's Petition and Order for Assignment instead.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Michigan Compiled Laws
§ 700.3983Collection of personal property by sworn statementIn force
(1) After 28 days after a decedent's death, a person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall pay the indebtedness or deliver the tangible personal property or the instrument to a person claiming to be the decedent's successor on being presented with the decedent's death certificate and a sworn statement made by or on behalf of the successor stating all of the following: (a) The estate does not include real property and the value of the entire estate, wherever located, net of liens and encumbrances, does not exceed $50,000.00, adjusted as provided in section 1210. (b) Twenty-eight days have elapsed since the decedent's death. (c) An application or petition for the appointment of a personal representative is not pending or has not been granted in any jurisdiction. (d) The claiming successor is entitled to payment or delivery of the property. (e) The name and address of each other person that is entitled to a share of the property and the portion to which each is entitled.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
§ 700.3982Court order distributing small estatesIn forcecited in 2 of our articles
(1) On a showing of evidence, satisfactory to the court, of payment of the expenses for the decedent's funeral and burial and if the balance of a decedent's gross estate consists of property of the value of $50,000.00 or less, the court may order that the property be turned over to the surviving spouse or, if there is not a spouse, to the decedent's heirs. (2) On a showing of evidence, satisfactory to the court, that the decedent's funeral or burial expenses are unpaid or were paid by a person other than the estate, and if the balance of the gross estate after payment of the expenses would consist of property of the value of $50,000.00 or less, the court shall order that the property be first used to pay the unpaid funeral and burial expenses, or to reimburse the person that paid those expenses, and may order that the balance be turned over to the surviving spouse or, if there is not a spouse, to the decedent's heirs.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Also relied on in: Michigan Probate and Intestate Succession: What Happens Without a Will (2026)
§ 700.3984Effect of sworn statementIn force
(1) A person paying, delivering, transferring, or issuing personal property or the evidence of personal property under a sworn statement as provided in section 3983 is discharged and released to the same extent as if the person dealt with the decedent's personal representative. The person is not required to see to the application of the personal property or evidence of the application, or to inquire into the truth of a statement in the sworn statement. (2) If a person to whom a sworn statement is delivered under section 3983 refuses to pay, deliver, transfer, or issue personal property or evidence of personal property, the property may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of a person's right to the property in a proceeding brought for the purpose by or on behalf of the persons entitled to the property. A person to whom payment, delivery, transfer, or issuance is made is answerable and accountable for the property to a personal representative of the estate or to another person having a superior right.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
§ 700.1210Cost-of-living adjustmentIn forcecited in 2 of our articles
(1) The specific dollar amounts stated in sections 2102, 2402, 2404, and 2405, and the specific dollar amounts stated in sections 3982 and 3983 before those sections were amended by the amendatory act that added section 1215, apply to decedents who die before January 1, 2001. For decedents who die after December 31, 2000, these specific dollar amounts must be multiplied by the 1997 cost-of-living adjustment factor for the calendar year in which the decedent dies. (2) Before January 1, 2024, the specific amounts stated in sections 2519, 3605, 3916, 3918, 3981, and 5102, and the specific amounts stated in sections 3982 and 3983 as amended by the amendatory act that added section 1215, apply to those sections. Beginning January 1, 2024, those specific dollar amounts must be multiplied by the 2023 cost-of-living adjustment factor for the calendar year in which the decedent dies.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- In Re Nielsen Estate (Michigan Court of Appeals 2026)“…described in this section must be adjusted as provided in [MCL 700.1210].[3] 3 MCL 700.1210 provides a co…”
- in Re Warner Estate (Michigan Court of Appeals 2015)“…homestead allowance of $15,000.00, adjusted as provided in [MCL 700.1210].” MCL 700.2402. The homestead allowanc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 257.236Procuring title to vehicle acquired by operation of law; validity of registration upon death of owner; application for title by surviving spouse or heir; proof of death; certification; petitionIn force
(1) If ownership of a vehicle passes by operation of law, upon furnishing satisfactory proof of that ownership to the secretary of state, the person acquiring the vehicle may procure a title to the vehicle regardless of whether a certificate of title has ever been issued. Upon death of an owner of a registered vehicle, the license plate assigned to the vehicle, unless the vehicle is destroyed, is a valid registration until the end of the registration year or until the personal representative of the owner's estate transfers ownership of the vehicle. (2) If an owner of 1 or more vehicles dies and does not leave other property that requires the issuance of letters under section 3103 of the estates and protected individuals code, 1998 PA 386, MCL 700.3103, the owner's surviving spouse, or an heir of the owner in the order specified in section 2103 of the estates and protected individuals code, 1998 PA 386, MCL 700.2103, may apply for a title after providing the secretary of state with proper proof of the death of the registered owner and attaching to the proof a certification that sets forth the fact that the applicant is the surviving spouse or an heir.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
§ 408.480Payment of wages and fringe benefits on behalf of deceased employee; discharge and release of employerIn force
(1) An employer shall pay fringe benefits pursuant to this section on behalf of a deceased employee as designated by the terms set forth in the written contract, written policy, or written plan. (2) Except as provided in subsection (3), an employer shall pay the wages and fringe benefits not paid in accordance with subsection (1) due a deceased employee to 1 or more of the following persons in the priority listed: (a) The deceased employee's surviving spouse. (b) The deceased employee's surviving children. (c) The deceased employee's surviving mother or father. (d) The deceased employee's surviving sister or brother. (3) If the employee has established a designee or designees by a signed statement filed with the employer before the employee's death and letters of administration are not required to be issued for the estate of the deceased employee, the employer shall make those payments to the designee or designees in the signed statement. (4) Payment under this section shall be a full discharge and release of the employer from the wages and fringe benefits due and owing the deceased employee.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
§ 700.3981Delivery of cash not exceeding $1,500 and decedent's wearing apparelIn force
(1) A hospital, convalescent or nursing home, morgue, or law enforcement agency holding $1,500.00 or less and wearing apparel of a decedent may deliver the money and wearing apparel to an individual furnishing identification and a sworn statement that the individual is the decedent's spouse, child, or parent and that there is no application or petition pending for administration of the decedent's estate. The hospital, home, morgue, or law enforcement agency making the delivery is released to the same extent as if delivery were made to a legally qualified personal representative of the decedent's estate and is not required to see to the property's disposition. The individual to whom delivery is made is answerable for the property to a person with a prior right and accountable to a personal representative of the decedent's estate appointed after the delivery. (2) The dollar amount described in this section must be adjusted as provided in section 1210.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
§ 700.3987Summary administrative proceedingsIn force
If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed administration costs and expenses, reasonable funeral and burial expenses, homestead allowance, family allowance, exempt property, and reasonable, necessary medical and hospital expenses of the decedent's last illness, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled to the estate and may file a closing statement as provided in section 3988.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
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Sources and References
- MCL 700.3983, Collection of personal property by sworn statement (Michigan Legislature)(legislature.mi.gov).gov
- SCAO Form PC 598, Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent(courts.michigan.gov).gov
- MCL 700.3982, Petition and order for assignment (Michigan Legislature)(legislature.mi.gov).gov
- MCL 700.3987, Summary proceedings for small estates (Michigan Legislature)(legislature.mi.gov).gov
- MCL 700.3981, Release of money and wearing apparel (Michigan Legislature)(legislature.mi.gov).gov
- MCL 700.1210, Cost-of-living adjustment of dollar amounts (Michigan Legislature)(legislature.mi.gov).gov
- MCL 700.3984, Effect of sworn statement (Michigan Legislature)(legislature.mi.gov).gov
- SCAO Form PC 556, Petition and Order for Assignment(courts.michigan.gov).gov
- SCAO Form PC 590, Sworn Closing Statement, Summary Proceeding (Small Estates)(courts.michigan.gov).gov
- MCL 700.3988, Sworn closing statement (Michigan Legislature)(legislature.mi.gov).gov
- MCL 257.236, Transfer of vehicles of a deceased owner (Michigan Legislature)(legislature.mi.gov).gov
- MCL 408.480, Payment of wages to a deceased employee's survivors (Michigan Legislature)(legislature.mi.gov).gov
- Kent County Probate Court: Instructions for Petition and Order for Assignment (small estate threshold by year, Rev. 02/05/2026)(kentcountymi.gov).gov
- Berrien County Probate Court: Small Estate Affidavit Packet (small estate threshold table)(berriencountymi.gov).gov
- MCL 600.880, Probate filing fees including the section 3982 assignment fee (Michigan Legislature)(legislature.mi.gov).gov
- MCL 600.871, Probate inventory fees (Michigan Legislature)(legislature.mi.gov).gov
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