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

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

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.

Do you qualify?

Qualifying threshold: $53,000 for 2026 deaths (statutory base $50,000, adjusted)The Michigan small-estate cap is the year-of-death inflation-adjusted amount ($53,000 for 2026 deaths; statutory base $50,000 under MCL 700.1210). Confirm the figure for the date of death before filing or distributing.
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: Not typically needed
Real estate: Varies by procedure and countyThe 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.

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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: $53,000 for 2026 deaths (statutory base $50,000, adjusted each year 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. 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 someone paid them outside the estate, the court addresses those expenses first.

63-Day Debt Rule for Assignment Orders

MCL 700.3982 includes a 63-day debt rule. 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.

Available Small-Estate Options

Affidavit of Decedent's Successor

Limit: $53,000 for 2026 deaths (base $50,000, adjusted under MCL 700.1210)
Real Estate: Not included
Timeline: More than 28 days after death
Typical Fee: $0 court filing fee listed for affidavit use

Petition and Order for Assignment

Limit: $53,000 for 2026 deaths (base $50,000, adjusted under MCL 700.1210) after funeral and burial expense analysis
Real Estate: Can be included
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. A bank, transfer agent, or other holder cannot force an authorized person to choose one path over the other when the estate meets criteria for both and the person is authorized to use either 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.

County Note: Michigan county probate courts may publish local filing hours, copy rules, and payment details. Confirm local practice before filing.

FAQ: Michigan Small-Estate Affidavit and Assignment

What is the Michigan small-estate limit?

For 2026 deaths the Michigan small-estate cap is $53,000 (statutory base $50,000, adjusted under MCL 700.1210). The amount is set by the year of death, so confirm it for the specific 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.

Can heirs owe the decedent's debts after a Michigan assignment order?

Yes, for a limited period. MCL 700.3982 includes a 63-day debt rule: 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.

Information current as of May 31, 2026

Settled Estate is not a law firm, and 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.