Michigan Small-Estate Affidavit and Assignment
Michigan has two common small-estate paths: an affidavit of decedent's successor for certain personal property and a court petition/order for assignment.
Based on MCL 700.3982 and MCL 700.3983
What Are Michigan Small-Estate Options?
Michigan simplified estate work usually means either a successor affidavit under MCL 700.3983 or a petition and order for assignment under MCL 700.3982. The right path depends on asset type, value, timing, and whether court authority is needed.
Main Requirements
Successor Affidavit Timing
More than 28 days must pass after death before using the MCL 700.3983 affidavit of decedent's successor.
Value Cap
The estate must fit the Michigan small-estate value cap. The statute uses a $50,000 base amount that may be adjusted under MCL 700.1210.
No Real Property for PC 598
The successor affidavit path cannot include Michigan real property.
No Personal Representative Appointment
The MCL 700.3983 path requires no pending or granted personal representative appointment and no petition for assignment.
Assignment Path Is Court-Based
The petition and order for assignment path uses probate court review and SCAO PC 556 when the statutory requirements fit.
Available Small-Estate Options
Affidavit of Decedent's Successor
- Limit
- $50,000 base amount, adjusted under MCL 700.1210
- Real Estate
- Not allowed
- Timeline
- More than 28 days after death
- Typical Fee
- $0 court filing fee listed for affidavit use
Petition and Order for Assignment
- Limit
- $50,000 base amount after funeral and burial expense analysis, adjusted under MCL 700.1210
- Real Estate
- Allowed
- Timeline
- County court timing varies
- Typical Fee
- $25 listed petition fee
Step-by-Step Process
Identify the Asset Type
Separate personal property, vehicles, accounts, and any real estate. The successor affidavit path is only for certain personal property and does not transfer real estate.
Check Timing and Value
For MCL 700.3983, wait more than 28 days after death and confirm the estate value fits the adjusted statutory amount.
Check for Pending Probate
The successor affidavit path requires no pending or granted personal representative appointment and no filed petition for assignment.
Choose the Form Path
Use SCAO PC 598 for the affidavit of decedent's successor path or SCAO PC 556 for the petition and order for assignment path.
Confirm County Practice
County probate courts may have filing, copy, fee, and hearing practices that affect the assignment path.
Keep Transfer Records
Keep the affidavit, court order if any, death certificate, asset values, funeral/burial expense records, and transfer receipts with the estate file.
FAQ: Michigan Small-Estate Affidavit and Assignment
What is the Michigan small-estate limit?
Michigan uses a $50,000 statutory base amount for the small-estate paths captured here, subject to adjustment under MCL 700.1210. Confirm the current adjusted amount for the date of death before using a number in a filing.
Can the Michigan successor affidavit transfer real estate?
No. The MCL 700.3983 affidavit of decedent's successor path is for certain personal property and cannot be used when the estate includes Michigan real property.
What is the wait for a Michigan successor affidavit?
More than 28 days must pass after death before a successor can use the MCL 700.3983 affidavit path.
Which Michigan forms are tied to these paths?
SCAO PC 598 is the affidavit of decedent's successor form. SCAO PC 556 is the petition and order for assignment form.
Do county probate courts matter for Michigan small estates?
Yes. The assignment path is filed with the county probate court, and county practice can affect copies, payment, scheduling, and local instructions.
At a Glance
- Threshold
- $50,000 base amount, subject to statutory adjustment rules
- Waiting Period
- More than 28 days after death for the successor affidavit path
- Court Filing Fee
- $0 for the successor affidavit path; $25 listed for Petition and Order for Assignment
- Attorney Required
- No
- Real Estate
- Not allowed
The staged Michigan data uses the statutory base amount for classification. Current adjusted amounts should be confirmed for the date of death before filing or distributing.
The MCL 700.3983 successor affidavit path cannot include Michigan real property. A petition and order for assignment is a court path and may need county probate court review when property issues are involved.
County Note: Michigan county probate courts may publish local filing hours, copy rules, and payment details. Confirm local practice before filing.
Need Help Figuring Out Which Probate Process Applies?
Use our Michigan probate assessment tool to get step-by-step guidance based on your estate's size, assets, and documents.
Information current as of May 31, 2026
This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Michigan can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.