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Estate Affidavit Guide

How to File Petition for Assignment in Michigan: Step by Step

To file Petition for Assignment in Michigan, you complete the official form under MCL 700.3982. Below is the step-by-step walkthrough. This is informational only and is not legal advice; we explain how to use the state's own form — we do not draft it for you.

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Filing Petition for Assignment in Michigan means completing the official form under MCL 700.3982. Here is the full sequence, with the statutory fact behind each step.

  1. Count the estate against the threshold for the year of death

    Add up the decedent's property at its value on the date of death: real property with its gross value and lien, and personal property. Subtract the funeral and burial expenses, and — for deaths from 2024 on — deduct debt secured by real property up to the cap ($264,000 for 2026). The result must be at or under $53,000 for a 2026 death.

  2. Gather the funeral statement and the asset documents

    You need an itemized funeral and burial statement showing who paid what (or what is owed), a death certificate, and documentation of each asset's value — statements for accounts, stock values, vehicle information, and for real estate the full legal description and parcel number plus an assessor's or tax statement.

  3. Work out who the heirs are

    The assignment goes to the surviving spouse or, if none, to the heirs under Michigan's inheritance rules, not to the people a will names. List each heir's name, age, relationship and address; children of a deceased heir take their parent's share. View source →

  4. Get your county's current packet

    Download PC 556 from courts.michigan.gov and your own probate court's small-estate checklist. Counties differ on whether PC 565 (testimony to identify heirs) and PC 556a (petition for discovery, when you lack account documents) are required, and on the fees.

  5. Complete and sign PC 556 and MC 97

    Fill in the petition — date of death, residence, the property table, the funeral expenses, the heirs, and how you ask the court to assign the property — and sign it under penalty of perjury. Put financial account numbers on MC 97, not on the petition.

  6. File with the probate court and pay the fees

    File with the probate court of the county where the decedent lived, with the death certificate, the funeral statement and the asset documents. Fees are a $25 filing fee, an inventory fee set under MCL 600.871 (the courts publish a calculator), and certified copies of the order, at county-set prices. Fee waivers are not accepted in Macomb County. View source →

  7. Wait for the judge's order, then order certified copies

    The court reviews the petition and, if satisfied, signs the order assigning the property: first funeral and burial expenses, then the spouse or heirs. Order certified copies of the signed order for each holder and, for real estate, for the register of deeds.

  8. Present the order to holders and take the property

    Give each bank or other holder a certified copy; for real estate, ask the register of deeds and any title company what they require to record the order. No personal representative is appointed and no letters issue.

  9. Watch the 63 days

    For 63 days from the date of the order, each heir other than a surviving spouse or minor child is liable for the decedent's unsatisfied debts up to what the heir received. Do not treat the money as free to spend until that period has run if debts are unknown.

The step families get stuck on is presenting the completed filing to a bank, DMV, or title company .

Get the official Michigan form

Download the state's own fill-in instrument directly — never a third-party paywalled copy: Official Petition for Assignment form . The State Court Administrative Office publishes the form: PC 556, "Petition and Order for Assignment" (Rev. 3/25), a three-page petition and order the probate court signs. County courts add checklists — this guide read Macomb County's (rev. 5/7/2024 handout and current web page), Oakland County's (PEMH 1025, 2/21/25) and Grand Traverse County's — and they differ on which companion forms are required (MC 97, PC 565, PC 556a), on fees, and on how liens are deducted. Wayne and Kent counties' own pages were not readable for this guide, so use your own county's current checklist.

The step that isn't really paperwork

Presenting it to the bank, DMV, or title company is where families actually lose time — most front-line staff have never processed this kind of filing before. Free one-pager: what to bring and what to say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.

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