Petition for Assignment vs. Full Probate in Michigan: Which Applies?
Petition for Assignment is a narrower, faster alternative to full probate in Michigan — available only when the estate meets MCL 700.3982's conditions (at or under $53,000 (gross estate after funeral and burial expenses and the real-property debt deduction)). Once an estate falls outside those conditions, full probate is what applies instead. This is informational only and is not legal advice.
Last reviewed
What makes Petition for Assignment different from full probate
Petition for Assignment is a narrower, faster alternative to full probate in Michigan — available only when the estate meets MCL 700.3982's specific conditions (non-exempt property at or under $53,000 (gross estate after funeral and burial expenses and the real-property debt deduction)). Full probate has no such ceiling and no comparable shortcut; it's the default process every estate falls back into once it doesn't meet a narrower mechanism's conditions.
When an estate is pushed into full probate instead
- The estate exceeds the $53,000 (gross estate after funeral and burial expenses and the real-property debt deduction) cap. Even one dollar over the statutory line under MCL 700.3982 disqualifies petition for assignment entirely — there's no partial or reduced-scope version of this mechanism for an estate just over the ceiling.
- The family wants the will followed. The court assignment does not carry out a will and appoints no personal representative; property goes to the spouse or heirs by intestacy.
- The estate is over the threshold for the year of death. After funeral and burial expenses, and after the real-property debt deduction, the estate must be at or under $50,000 as adjusted — $53,000 for a 2026 death.
Why it's worth checking first: full probate is slower and typically far more expensive than petition for assignment — a probate attorney typically charges $1,500–$4,200+ for the more limited process this kit covers, and full probate usually costs more and takes longer on top of that. Confirm eligibility before assuming you need the bigger process — see what qualifies for Petition for Assignment in Michigan.
Once you know which path applies, here's the next snag
Whichever mechanism fits, presenting it to the asset holder is where families lose time. Free one-pager: what to bring and say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop.