Michigan Small Estate Affidavit: Collecting Assets Without Probate

Michigan gives the people who inherit a modest estate two ways to avoid full probate: a small estate affidavit and a petition for assignment. This article covers both. It is one of the procedures within estate planning in Michigan, and it picks up after the question of whether an estate is small enough to skip formal administration.

The affidavit, Form PC 598, moves a decedent’s personal property. The petition for assignment, Form PC 556, is the route when the estate includes a house or land. Which one fits depends on what the decedent owned and how much it is worth.

What the small estate affidavit does

The small estate affidavit is an out-of-court collection tool. Under Mich. Comp. Laws § 700.3983, a person who claims to be a decedent’s successor can present a sworn statement and a death certificate to anyone holding the decedent’s personal property, and that holder must turn the property over. It reaches tangible personal property, a final paycheck, money in a bank account, and stock or other securities. A transfer agent must re-register a security into the successor’s name on the same paperwork.

There is no court case, no hearing, and no filing fee for this procedure. The affidavit is presented directly to the bank, employer, or other institution that holds the asset. What the affidavit cannot do is transfer real estate. An estate that includes any interest in land does not qualify for the affidavit and instead uses the petition described later in this article.

When the affidavit can be used

Four conditions must all be met before a successor uses Form PC 598, and each comes straight from Mich. Comp. Laws § 700.3983:

• At least 28 days have passed since the date of death.
• The estate includes no real property.
• The value of the entire estate, wherever located, net of liens and encumbrances, does not exceed the small estate limit.
• No application or petition to appoint a personal representative is pending or has been granted anywhere.

The dollar limit is set by statute at $50,000 and is adjusted each year for inflation, so the amount that applies depends on the year of death. For deaths in 2026, the Michigan Department of Treasury’s annual cost-of-living notice sets the figure at $53,000. Because the number moves annually, a successor confirms the current amount against the year the person died rather than the year the affidavit is signed.

## What the sworn statement must say The State Court Administrative Office publishes the standardized form, PC 598, titled Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent. The statement is sworn, and the form carries a notice that a false statement can be prosecuted as perjury. The affidavit must state that the estate has no real property and that its value, net of liens and encumbrances, is within the limit; that 28 days have elapsed; that no personal representative has been appointed or applied for; that the person signing is entitled to payment or delivery; and the name and address of every other person entitled to a share, along with the portion each is due.

1. Confirm the estate qualifies

   Add up the decedent’s personal property, subtract liens and encumbrances, and check that the total is within the small estate limit for the year of death. Confirm there is no real estate and that no one has opened or applied to open a probate estate.

2. Wait the 28 days

   Count 28 days from the date of death before signing or presenting the affidavit, the waiting period fixed by Mich. Comp. Laws § 700.3983. A bank or employer that receives it earlier can decline to release the asset.

3. Complete and swear to Form PC 598

   Fill in the decedent’s information, the assets being collected, and the name, address, and share of every other person entitled to part of the property. Sign the form under oath, typically before a notary.

4. Present the affidavit to each holder

   Deliver the sworn affidavit together with a certified copy of the death certificate to each bank, employer, or institution holding an asset. Each holder is required to pay the debt or release the property to the successor.

## How the successor collects the property Collection happens asset by asset. A holder that is presented with a proper affidavit and a certified death certificate must pay the money owed or deliver the property to the claiming successor. For securities, the company’s transfer agent changes the registered ownership from the decedent to the successor on the strength of the same sworn statement. A successor who collects property still owes the shares listed on the affidavit to the other people entitled to them. The affidavit does not make the person who signs it the owner of everything collected; it makes that person responsible for passing along each other heir’s portion. Getting the list of other successors and their shares right on the form is what protects the person who signs from later disputes. ## When the estate includes real property An estate that holds a house, land, or any other real property cannot use the affidavit. The alternative is a petition for assignment under Mich. Comp. Laws § 700.3982, filed with the probate court on Form PC 556. On proof that the funeral and burial expenses have been paid, and if the balance of the gross estate is within the same inflation-adjusted limit, the court may order the property turned over to the surviving spouse, or, if there is no spouse, to the decedent’s heirs. When funeral and burial bills are unpaid, the court orders those paid first out of the estate. The value test for the assignment petition works differently for a mortgaged home. Beginning January 1, 2024, when the estate includes real property that secures a debt, the amount of that debt, up to $250,000, is subtracted from the value of the real property before the estate is measured against the limit, under Mich. Comp. Laws § 700.3982. That change lets more homes with a mortgage fit inside the small estate process. Where a house is meant to pass outside probate entirely, families sometimes plan ahead with a Michigan lady bird deed, which transfers the property automatically at death. ## Debts and taxes after the transfer The small estate shortcuts do not erase the decedent’s debts. An heir who receives property through a petition for assignment is responsible, for 63 days after the date of the order, for the decedent’s unpaid debts up to the value of what that heir received, under Mich. Comp. Laws § 700.3982. A surviving spouse who qualifies for statutory allowances and the decedent’s minor children are not subject to that 63-day responsibility. Taxes are a separate question from debts. Whether the estate owes any state death tax is covered in whether Michigan has an estate or inheritance tax, which explains how Michigan treats these estates and where the federal threshold sits.

Frequently asked questions

Does the small estate affidavit get filed with the court?

No. Form PC 598 is presented directly to the bank, employer, or other institution holding the asset, not filed with the probate court. There is no court case and no filing fee. The petition for assignment on Form PC 556 is different: it is filed with the probate court because it can transfer real property.

What if the estate is worth more than the small estate limit?

An estate above the inflation-adjusted limit, which is $53,000 for deaths in 2026 under the Michigan Department of Treasury’s annual notice, does not qualify for either small estate shortcut. That estate goes through Michigan’s regular probate process, which appoints a personal representative to gather assets, pay creditors, and distribute what remains.

Can the affidavit be used to transfer a car?

The affidavit under Mich. Comp. Laws § 700.3983 reaches personal property generally, but vehicles have their own separate transfer route through the Michigan Secretary of State for estates that are not in probate. A successor checks the Secretary of State’s requirements for the vehicle title before relying on the general affidavit.

Who counts as a successor entitled to sign?

A successor is a person entitled to the decedent’s property, such as a surviving spouse or an heir under Michigan’s rules for who inherits. The affidavit requires the signer to list every other person entitled to a share and the portion each is owed, and the signer is responsible for passing those shares along.

How long does it take?

The affidavit cannot be presented until 28 days after death under Mich. Comp. Laws § 700.3983. After that, collection depends on how quickly each holder acts on the paperwork. The petition for assignment adds the time needed for the probate court to review the petition and enter an order, which varies by county.

Sources

• Mich. Comp. Laws § 700.3983 (collection of personal property by sworn statement)legislature.mi.gov
• Mich. Comp. Laws § 700.3982 (court order distributing small estates)legislature.mi.gov
• Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent (PC 598)courts.michigan.gov
• Petition and Order for Assignment (PC 556)courts.michigan.gov
• 2026 Estates and Protected Individuals Code Cost-of-Living Adjustments (Michigan Department of Treasury)michigan.gov

See also: a Michigan revocable living trust.