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Estate Affidavit Guide

Michigan Small Estate Affidavit

If a bank told you an account is frozen and didn't explain what that actually means, you're not stuck, and you're not the only one this has happened to. A probate attorney would typically charge $1,500–$4,200+ to walk you through exactly what Michigan law already lets you do yourself. This kit is $37, one-time, and covers the same ground — the eligibility rule, the official form, and what to say if a bank or clerk pushes back.

Michigan's small estate affidavit — the Affidavit of Decedent's Successor, MCL 700.3983 and State Court Administrative Office form PC 598 — lets a decedent's successor collect personal property from a bank or other holder 28 days after the death, with a notarized sworn statement and a death certificate, without opening an estate. It is limited to an estate with no real property whose value, net of liens and encumbrances, is at or under $50,000 as adjusted each year — $53,000 for a death in 2026. It is not filed with a court, and a holder that pays on it is discharged by statute. This is informational only, written by researchers, not attorneys.

Last reviewed

Michigan has more than one probate-avoidance mechanism. See the Petition for Assignment guide instead →

Why this kit exists

The state's own form is usually clear about the fields and silent about the process. Families commonly report a bank branch insisting on court-issued Letters of Administration that the small estate statute doesn't actually require, and each extra trip lands in the same weeks as the funeral. Closing that gap — between a downloaded form and an asset holder who actually releases the property — is the whole reason this kit exists. Written under the pen name ; not an attorney.

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Why timing matters: The dollar limit moves every January. The statute's $50,000 is multiplied by a Treasury cost-of-living factor for the year of death — $51,000 for a 2025 death, $53,000 for 2026 — so use the figure for the year the person died, not the year you file, and distrust any chart or form-mill page that has not been updated. Separately, the 28-day mark is the earliest a holder has to act. Miss the window and the estate is generally pushed into full probate instead — a probate attorney typically charges $1,500–$4,200+ for work this kit is built to help you avoid.

The Michigan $53,000 Small Estate Affidavit cap

Filing Small Estate Affidavit in Michigan starts with one number — the statutory cap. The estate, measured the way the statute measures it, has to be at or under $53,000 (net value of the entire estate, wherever located, after liens and encumbrances), under MCL 700.3983. This is a statutory line, not a judgment call — the court or asset holder either sees the total under the cap or they don't. There's also a fixed 28-day waiting period after death before you can file at all — separate from the eligibility question, and it doesn't move regardless of how quickly you gather everything else. Small Estate Affidavit is presented directly to the asset holder — no court filing required. Michigan publishes an official fill-in form: The State Court Administrative Office publishes the statutory form: PC 598, "Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent" (edition 4/24, one page, notarized, not filed with any court). MCL 700.3983(3) directs the office to publish a standardized form with a notice that a false statement may subject the person swearing to prosecution for perjury. Check the edition date at the bottom of the page before you use a copy from anywhere other than courts.michigan.gov. .

How to file, step by step

  1. 1

    Check whether real property is in the estate

    The affidavit is available only if the estate does not include real property. Property owned jointly with rights of survivorship, life insurance, retirement accounts with a named beneficiary and trust property pass outside the estate (Michigan Legal Help). A house or land in the decedent's own name does not. View source →

  2. 2

    Total the estate against the limit for the year of death

    Add the value of everything that is part of the estate, wherever located, and subtract liens and encumbrances. The figure must be at or under the statutory $50,000 as adjusted for the year of death — $53,000 for 2026 (Michigan Treasury's cost-of-living notice under MCL 700.1210).

  3. 3

    Wait 28 days after the death and confirm nothing is pending

    A holder's duty starts 28 days after the death. No application or petition for a personal representative may be pending or granted anywhere, and no petition for assignment may have been filed.

  4. 4

    Work out who signs and who else shares

    The signer is the decedent's successor: a surviving spouse, an adult child or other heir, a devisee under a will (attach the will), or a fiduciary for an heir or devisee who has a legal incapacity (PC 598 ¶ 1). List every other person entitled to a share, with address, relationship and share percentage (¶ 8).

  5. 5

    Get the current PC 598 from the courts' own site

    Download the form from courts.michigan.gov and check the edition date printed on the bottom of the page — this guide was written against the 4/24 edition.

  6. 6

    Fill in the form and attach the death certificate

    State where the decedent lived at death, that 28 days have passed, that no real property is in the estate, that the estate is within the limit, that no personal representative or petition for assignment is pending or granted, and describe the property you are entitled to receive (¶ 7). Attach a copy of the death certificate (¶ 9).

  7. 7

    Sign before a notary

    The affidavit is signed under oath before a notary. It is not filed with a court. The form warns that a false statement may subject the signer to prosecution for perjury.

  8. 8

    Present it to each holder with the death certificate

    Take the notarized affidavit and a death certificate to each bank, brokerage or other holder. Ask which department handles deceased-customer accounts. A holder that pays or delivers on it is discharged as if it had dealt with a personal representative (MCL 700.3984(1)).

  9. 9

    If a holder refuses, put the statute in front of it

    Ask the holder to state in writing what it says is missing, and send MCL 700.3983 and 700.3984. The statute's remedy for a refusal is a court proceeding to compel payment or delivery (MCL 700.3984(2)). If you qualify for the court assignment as well, nobody but the court may require you to use it instead (MCL 700.3982(4)).

  10. 10

    Distribute to the others named, and keep records

    The person who receives property is answerable to a later-appointed personal representative or to anyone with a superior right (MCL 700.3984(2)). Pay each other person the share listed in paragraph 8 and keep a record of what each holder gave you.

Michigan has two small-estate procedures for an estate at or under the same year-of-death limit — $53,000 for a death in 2026 — and which one applies depends on whether the estate includes real property and what you need the process to do, not on a shared threshold.

  • An estate with no real property: the Small Estate Affidavit (MCL 700.3983, form PC 598) is the filing — a notarized sworn statement you present to the bank or other holder 28 days after the death. It is not filed with a court. A holder that pays on it is discharged by statute.
  • An estate that includes real property, or a family that wants a court order: the Petition for Assignment (MCL 700.3982, form PC 556) is the filing — a petition to the probate court, which assigns the property first to funeral and burial expenses and then to the surviving spouse or heirs. It can include real estate, it does not follow a will, and for 63 days after the order non-spouse heirs answer for the decedent’s debts.

An estate over the limit is neither of these: Michigan’s informal or formal probate applies. Searchers often ask for a Michigan “affidavit of heirship,” but no statute that transfers title by a standalone affidavit was found in this research — MCL 565.451a only lets facts about heirship be recorded with the register of deeds, and for a small estate the court assignment is the route the statute provides.

This page, and the two guides linked above, are informational only. They are not legal advice, and they do not draft, file, or individualize any affidavit or petition on your behalf. For advice on your specific estate, consult a licensed Michigan attorney.

What it actually looks like

Sample pages from the kit

Real pages from the Michigan kit PDF. Click any page to enlarge.

Print-friendly, readable on a phone or tablet, and designed to be taken to the bank or clerk. Every operational claim cites the actual statute or official publication.

How this compares

Yes — Michigan's own form is free (that's the Free state form column below). The $37 is for everything the free form leaves you to work out alone: the eligibility check, the filing sequence, and what to do when a bank, DMV, or clerk pushes back.

This kit Probate attorney Free state form Doing nothing
Cost $37 $1,500–4,200+ $0 Eventually full probate, if the estate is never settled
Time to filed Same week 2–6 weeks If you can decode it alone Not until you act
Bank/DMV/clerk pushback script Yes Sometimes No n/a
Statute citations Yes n/a n/a n/a
Delivery time Instant download After consult + retainer Instant n/a

Attorney costs reflect typical Michigan probate-attorney retainers for this kind of filing.

The most-searched sticking point

What to do when a bank, DMV, or clerk pushes back

A facially valid filing still gets rejected on the first try more often than it should — usually because front-line staff have never processed one before, not because anything is actually wrong. This is the single biggest gap in every free state resource: none of them tell you what to actually say. The kit's Section 5 gives you the exact script and citation for each of these:

  • Bank or other holder will not release funds on the affidavit and asks for Letters of Authority or a court order instead
  • Institution says the estate has a house in it, so the affidavit is unavailable
  • Brokerage or transfer agent says it cannot retitle securities on an affidavit
  • Holder says the affidavit is not valid because someone else may be entitled to a share

Each one has a specific script and statutory citation behind it — not just "you're right, they're wrong," but exactly what to say and what document to hand over. That's in the kit.

If a bank, DMV, title company, or court clerk rejects your filing for a reason traceable to following this kit, you get a full refund.

Email the stated rejection reason to support@estateaffidavitguide.com within 30 days of purchase and we refund the full purchase price within one business day. No phone tag, no forms, no fight. Not covered: an estate that turns out to be over the dollar limit, a dispute among heirs, or a missing document unrelated to the filing itself. Changed your mind for any other reason? You have 7 days, no questions asked. Full refund policy.

Avoid these

6 common reasons filings get rejected

The estate includes real property
The sworn statement must say the estate does not include real property. A house or land owned in the decedent's own name that is part of the estate disqualifies the affidavit; the court assignment (PC 556) or a full estate is the route. — MCL 700.3983(1)(a); PC 598 ¶ 3
The estate is over the limit for the year of death
The value of the entire estate, wherever located, net of liens and encumbrances, must not exceed $50,000 adjusted under MCL 700.1210 — $53,000 for a death in 2026, $51,000 for 2025, $50,000 from February 21, 2024. Use the figure for the year the person died. — MCL 700.3983(1)(a); MCL 700.1210; Michigan Treasury notice of 2026-01-30
Fewer than 28 days have passed since the death
A holder's duty begins 28 days after the death, and the sworn statement must say 28 days have elapsed. — MCL 700.3983(1), (1)(b); PC 598 ¶ 2
A personal representative has been, or is being, appointed
The statement must say no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction. PC 598 also asks you to state that no petition for assignment has been filed with a court. — MCL 700.3983(1)(c); PC 598 ¶¶ 5-6
The person signing is not entitled to the property, or the affidavit omits the other persons entitled
The successor must state that the claimant is entitled to payment or delivery, and must list each other person entitled to a share, with address and proportion. PC 598 names the capacities it expects: a surviving spouse, adult child or other heir, a devisee under a will, or a fiduciary of an heir or devisee with a legal incapacity. — MCL 700.3983(1)(d)-(e); PC 598 ¶¶ 1, 8
The affidavit is not notarized, or has no death certificate attached
The statute requires the holder to be presented with the death certificate and a sworn statement; PC 598 is signed before a notary and has a line confirming a copy of the death certificate is attached. — MCL 700.3983(1); PC 598 ¶ 9

Before you present the Michigan Small Estate Affidavit

Most rejected-on-the-first-try filings are a front-line-staff problem, not an eligibility problem. This free one-pager has what to bring and what to say the first time you hand it to a bank, DMV, or clerk — emailed now. We'll also send a few short follow-ups over the next few weeks (why most pushback is unfamiliarity not law, the exact citation to point to, when to call an attorney) — then we stop. No ongoing newsletter.

Email only — we never ask for estate value, family details, or account numbers, and never sell your address.

Questions

Frequently asked questions

What is the Michigan small estate affidavit called?
The statute, MCL 700.3983, calls it a sworn statement by the decedent's successor, and the State Court Administrative Office's form is PC 598, "Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent." Michigan Legal Help calls the process "Transfer by Affidavit." People search it as "small estate affidavit" and "affidavit of decedent's successor."
What is the limit?
The statute states $50,000 and adjusts it by a cost-of-living factor for the year of death (MCL 700.1210). For a death in 2026 the figure is $53,000; for 2025, $51,000; from February 21, 2024 through the end of 2024, $50,000. The value counted is the entire estate, wherever located, net of liens and encumbrances (MCL 700.3983(1)(a)).
Can I use it if the person owned a house?
Not if the house is part of the estate. The sworn statement must say the estate does not include real property (MCL 700.3983(1)(a)). A house held jointly with rights of survivorship passes outside the estate, but a house in the decedent's own name does not. For an estate that includes real property, Michigan's small estate route is the court Petition for Assignment (MCL 700.3982).
Is the affidavit filed with a court?
No. It is signed before a notary and presented directly to the bank or other holder with a death certificate. The Michigan courts' training deck for probate registers says it is "not filed with the Probate Court."
How long do I wait after the death?
28 days. A holder's duty to pay or deliver starts "after 28 days after a decedent's death," and the sworn statement must say 28 days have passed (MCL 700.3983(1), (1)(b)).
Does the affidavit work if there is a will?
Yes. PC 598 lets a "devisee under the will dated" sign, and the Michigan courts' 2020 training deck says the affidavit can transfer property pursuant to a will, with the will attached. That is different from the court assignment, which does not carry out a will.
Can I use it to pay myself back for the funeral?
Not specifically. The courts' 2020 training deck says the affidavit "cannot specifically reimburse" the person who paid funeral and burial expenses. The court assignment (MCL 700.3982) is different: it pays or reimburses funeral and burial expenses first, then assigns the balance to the spouse or heirs.
What if a bank refuses it?
A holder that pays on a compliant sworn statement is discharged and need not inquire into the truth of the statement (MCL 700.3984(1)). If it still refuses, the statute's remedy is a court proceeding to compel payment or delivery (MCL 700.3984(2)); it sets no penalty. Where the estate qualifies for both the affidavit and the court assignment, nobody but the court may require you to use one rather than the other (MCL 700.3982(4)).
Am I responsible for the decedent's debts if I use it?
The statutes read for this guide (MCL 700.3983, 700.3984) do not state a creditor deadline for the affidavit. Michigan Legal Help says that, unlike a court assignment, there is no short deadline for creditors and the ordinary limitation periods apply — typically six years for most debts — and that a spouse or minor child does not have to pay the decedent's debts from the inheritance. This guide did not verify that against a primary source; ask an attorney if debts are a concern.
What does it cost?
The affidavit is not filed with a court, so there is no court filing fee. You will pay for a notary and certified copies of the death certificate. No Michigan attorney-cost figure was sourced for this guide.
Can a hospital or nursing home release small amounts of cash without this?
Yes, a narrower rule exists. A hospital, nursing home, morgue or law enforcement agency holding $1,500 or less (adjusted, $2,000 for 2026) of money and wearing apparel may deliver it to a spouse, child or parent who gives identification and a sworn statement that no administration is pending (MCL 700.3981).
What about a car?
Michigan Legal Help says heirs can transfer vehicles worth up to $100,000 using a Secretary of State form, and that vehicles titled with full rights of survivorship transfer at the Secretary of State with the title, death certificate and identification. This guide did not read the Secretary of State's form or rules; check with a Secretary of State office.
Which Michigan filing applies to my situation?
As a rule of thumb: an estate with no real property whose value is at or under the year-of-death limit ($53,000 for 2026), with at least 28 days since the death and no personal representative sought, points to the Small Estate Affidavit (MCL 700.3983, form PC 598) — notarized and presented to the bank, with no court. An estate at or under the same limit that includes real property, or where the family wants a court order and funeral costs reimbursed first, points to the Petition for Assignment (MCL 700.3982, form PC 556), which the probate court signs. They are two procedures for the same size of estate, and where an estate qualifies for both, nobody but the court may require you to use one rather than the other. An estate over the limit is neither: informal or formal probate applies. This is informational only, not legal advice or a determination of which procedure applies to your estate.
Is a Michigan "affidavit of heirship" the same thing?
No. Michigan has no statute turning a standalone affidavit of heirship into a transfer of title. MCL 565.451a lets a person with knowledge of the facts record an affidavit about matters such as heirship that may affect title to real property with the register of deeds — it records facts, it does not transfer property. People who search "affidavit of heirship michigan" usually want to put a house in an heir's name, and for a small estate the statute's route for that is the court Petition for Assignment (MCL 700.3982). Whether a title company accepts a recorded heirship affidavit without a court order was not verified.
Does Michigan require a lawyer for these filings?
The statutes do not. The affidavit is not filed with a court at all, and the court assignment packets from Macomb, Oakland and Grand Traverse counties say court staff can help with procedure but cannot give legal advice; none says an attorney is required. Wayne and Kent counties' pages could not be read, so confirm with your county's probate court.

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No waiting room, no retainer. The 28-day wait after death is fixed, but most of the remaining delay families hit is an avoidable rejection or a second trip back to the same bank, DMV, or clerk — this kit is built to help you avoid both on the first visit.

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Primary sources

State sources

Every claim here cites the actual statute or an official publication — see them
  • Statute: MCL 700.3983 . The primary source behind every requirement, cap, and deadline described above.
  • Official form: Official Small Estate Affidavit form The State Court Administrative Office publishes the statutory form: PC 598, "Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent" (edition 4/24, one page, notarized, not filed with any court). MCL 700.3983(3) directs the office to publish a standardized form with a notice that a false statement may subject the person swearing to prosecution for perjury. Check the edition date at the bottom of the page before you use a copy from anywhere other than courts.michigan.gov.
  • State self-help resource: Michigan Probate Court