Michigan Probate Types: Informal, Formal, Assignment, and Successor Affidavit
Find the right probate procedure for your situation
Compare eligibility, timing, court involvement, and local verification points
Simplified vs Formal Administration at a Glance
| Category | Summary | Formal | Winner |
|---|---|---|---|
| Small-estate personal property | Successor affidavit after more than 28 days when no real property is included | Formal probate can handle broader assets and disputes | Summary |
| Court order needed | Petition and order for assignment may provide a small-estate court order | Formal probate provides broader adjudication and appointment authority | Tie |
| Filing fee | $0 or $25 listed for the two small-estate paths | $150 to commence estate | Summary |
| Real property | Successor affidavit cannot transfer real property | Can address real property through court authority | Formal |
| Disputes | Simplified paths are poor fits for contested estates | Built for matters needing a judge | Formal |
Main Michigan Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
Affidavit of Decedent's Successor MCL 700.3983 / SCAO PC 598 | $50,000 base amount, adjusted; no Michigan real property | $0 listed court filing fee | More than 28 days after death | No | No |
Petition and Order for Assignment MCL 700.3982 / SCAO PC 556 | $50,000 base amount after funeral and burial expense analysis, adjusted | $25 | County court timing varies | Court review needed | No (often useful) |
Informal Probate MCL 700.3301 et seq. / SCAO PC 558 | No simple dollar cap | $150 to commence estate | County court timing varies | Yes | No (often useful) |
Formal Probate MCL 700.3401 et seq. / SCAO PC 559 | No simple dollar cap | $150 to commence estate | County court timing varies | Yes | No (often useful) |
Summary Administrative Proceedings MCL 700.3987 | Estate value not exceeding statutory allowances, exempt property, costs, and expenses | $150 commence-estate fee may apply depending on filing posture | Court timing varies | Court review needed | No (often useful) |
* Michigan Courts publishes statewide probate fee tables. County courts may still have local copy, certification, payment, and scheduling details.
Side-by-Side Comparison
Affidavit of Decedent's Successor
MCL 700.3983 / SCAO PC 598
Certain personal property when no personal representative has been appointed or is pending
Petition and Order for Assignment
MCL 700.3982 / SCAO PC 556
Small estates needing a probate court order assigning property
Informal Probate
MCL 700.3301 et seq. / SCAO PC 558
Uncontested estates where registrar-handled appointment or probate fits
Formal Probate
MCL 700.3401 et seq. / SCAO PC 559
Disputes, testacy issues, appointment questions, or matters needing a judge
Summary Administrative Proceedings
MCL 700.3987
Very small estates where statutory allowances and expenses absorb estate value
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Take Free AssessmentFrequently Asked Questions
What are the main Michigan probate types?
Michigan families often compare informal probate, formal probate, petition and order for assignment, and the affidavit of decedent's successor. Summary administrative proceedings can also matter for very small estates.
Which Michigan small-estate path avoids opening an estate?
The MCL 700.3983 affidavit of decedent's successor can collect certain personal property after more than 28 days when the estate fits the adjusted cap and no personal representative appointment or assignment petition is pending.
When is formal probate used in Michigan?
Formal probate may be needed when a judge must resolve appointment, heirship, testacy, notice, or contested issues.
What does informal probate mean in Michigan?
Informal probate is a registrar-handled process that may fit when the paperwork is in order and no formal adjudication is needed before appointment or probate.
Are Michigan probate fees the same in every county?
The Michigan Courts fee table gives statewide probate fee references, but county courts may have local copy, certification, payment, scheduling, and e-filing details.
Important: Michigan probate matters are handled in county probate courts. Confirm the court, filing hours, local instructions, and any MiFILE requirements before filing.
Sources & Verification
Legal Authority: Michigan EPIC, including MCL 700.3301, 700.3401, 700.3982, 700.3983, and 700.3987
Last Verified: May 2026
Michigan Courts publishes statewide probate fee tables. County courts may still have local copy, certification, payment, and scheduling details.
This content is for informational purposes only and does not constitute legal advice. Laws and fees may change. Verify current requirements with your local court clerk before filing.