Michigan Small Estate: Affidavit (PC 598) vs Petition for Assignment (PC 556)

Michigan gives small estates two different tools, and the hard part is choosing between them. PC 598, the affidavit of decedent's successor, is a self-help sworn statement: no judge signs it, and you use it to collect personal property like a bank account, stocks, or a final paycheck. PC 556, the petition and order for assignment, is a court filing: a probate judge signs an order distributing the estate, which is what you need when an institution wants court authority before it releases assets.

Value and timing point you toward one path or the other. Both are capped at the adjusted small-estate figure, which is $53,000 for deaths in 2026 (statutory base $50,000, adjusted each year under MCL 700.1210). The affidavit also requires that more than 28 days have passed since death and that the estate hold no real property. The petition for assignment, under MCL 700.3982, settles funeral and burial expenses first and can assign property to the surviving spouse or heirs, including real estate the affidavit cannot reach.

The 63-day debt rule is the catch that often decides the call. An heir who takes property through an assignment order can be liable for the decedent's unsatisfied debts for 63 days after the order, up to the value received. The affidavit path carries no equivalent court-ordered debt window. If you want the speed and simplicity of a sworn statement and you only need personal property, PC 598 usually wins; if you need a judge's order or there is real estate to move, PC 556 is the path.

For the step-by-step on each, see our Michigan small estate affidavit guide; this post helps you choose the path.

Michigan Small Estate Options

Do not choose by form number alone. Start with the estate facts.

PC 598: Affidavit of Decedent's Successor

MCL 700.3983 lets a successor collect certain personal property by sworn statement. The SCAO form is PC 598, Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent.

This path may fit when:

• More than 28 days have passed since death
• The estate has no real property
• The net estate value fits the adjusted statutory cap
• No personal representative appointment is pending or granted
• The person signing is entitled to receive the property

For deaths in 2026 the cap is $53,000 (statutory base $50,000, adjusted each year under MCL 700.1210). The amount is set by the year of death, so check the figure for the specific date of death.

What PC 598 Can Transfer

The affidavit can help collect certain personal property, debts, stocks, debt instruments, and other property rights described by the statute.

It does not appoint a personal representative. It also does not transfer real estate.

If a bank, transfer agent, or title issue needs court authority, the affidavit path may not solve the problem.

PC 556: Petition and Order for Assignment

MCL 700.3982 lets the probate court order distribution of a small estate after funeral and burial expenses are handled. The SCAO form is PC 556, Petition and Order for Assignment.

This path can fit when the balance of the gross estate is within the adjusted statutory cap after the required funeral and burial expense analysis.

The court may assign property to the surviving spouse or, if there is no spouse, to the heirs. If funeral or burial expenses are unpaid, or if someone paid them outside the estate, the court addresses those expenses first.

Watch the 63-Day Debt Rule

MCL 700.3982 includes a 63-day debt rule for some property received through assignment.

An heir who receives property through an assignment order, other than a surviving spouse who qualifies for allowances or the decedent's minor children, can be responsible for unsatisfied decedent debts for 63 days after the order, up to the value received.

That rule is a reason to slow down before spending or transferring assigned property.

Documents to Gather

Gather:

• Certified death certificate
• Original will, if one exists
• Asset statements and title records
• Funeral and burial bills
• Names and addresses of heirs and devisees
• Lien information
• Current SCAO form for the chosen path

For PC 598, the form requires a death certificate copy and a sworn statement that no real property is included in the estate.

When Full Probate May Still Be Needed

A small-estate path may not fit if:

• Real estate needs transfer outside the assignment process
• A personal representative already has been appointed
• A creditor dispute needs administration
• Family members disagree about shares
• The estate exceeds the adjusted cap
• A financial company rejects the paperwork for a reason that needs a court order

When the facts do not fit, compare the wider options in the Michigan probate guide and the Michigan probate court forms guide.

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Sources:

• Title: MCL 700.3983, Collection of personal property by sworn statement. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-3983
• Title: MCL 700.3982, Court order distributing small estates. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-3982
• Title: Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent, PC 598. Publisher: Michigan Courts, SCAO. Publication Date: not listed on extracted form text. URL: https://www.courts.michigan.gov/siteassets/forms/scao-approved/pc598.pdf
• Title: Petition and Order for Assignment, PC 556. Publisher: Michigan Courts, SCAO. Publication Date: form revision 3/25. URL: https://www.courts.michigan.gov/siteassets/forms/scao-approved/pc556.pdf

This article provides general Michigan small-estate information. Verify current form versions, adjusted caps, court practice, and estate facts before filing.