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Estate Affidavit Guide

What to Do If a Bank or Clerk Refuses Your Michigan Petition for Assignment

A facially valid petition for assignment is something a court can rely on without further investigation under MCL 700.3982 — but pushback is common. Below are the 5 refusals Michigan families hit most often and exactly what to say to each. This is informational only and is not legal advice.

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Why the first attempt so often gets refused

If a teller or clerk has already turned you away once, you did nothing wrong — and you're not imagining that it felt harder than it should have. A facially valid petition for assignment is something a bank, DMV, or title company can rely on once a court has approved it under MCL 700.3982 — first-attempt pushback is common anyway, almost always because the person across the counter has never processed one before, not because anything about your filing is actually wrong.

The 5 refusals Michigan families hit most

Here's what's actually going on with each, and exactly what resolves it.

Refusal 1

Probate clerk returns the petition for a missing form, document or fee

The packet is county-specific. Macomb County's checklist requires PC 556, MC 97 (protected personal identifying information), a death certificate, documentation of the value of every asset on the date of death (bank statements, stock values, vehicle information, and for real estate the full legal description and parcel number plus a tax or assessor's statement), the funeral and burial statement showing who paid, and the $25 filing fee, $12 certified-copy fee and inventory fee; it says the heirs-testimony form PC 565 "is not required but may assist," and that a petition for discovery (PC 556a) must be filed first if you lack the bank balance documents. Grand Traverse County's checklist lists PC 565 and a death certificate signed by the county clerk. Oakland County's instructions add that the funeral statement must show who paid ("Paid" or a zero balance alone is not sufficient) and that only an heir or a person who paid the funeral bill may petition. Ask your own probate clerk for the current checklist before you file — the clerk cannot give legal advice but can say what the court wants.

Document to bring: Your county's current checklist, PC 556, MC 97, the funeral statement showing who paid, documentation of each asset's date-of-death value, and the filing and inventory fees.

Refusal 2

Clerk or court says the estate is over the threshold, or disagrees about deducting a mortgage

The statute counts the decedent's gross estate after funeral and burial expenses, and for deaths from 2024 on it deducts debt secured by real property up to a cap — $250,000 as adjusted, $264,000 for 2026 (MCL 700.3982(5); Michigan Treasury notice of 2026-01-30). PC 556 itself reduces each parcel's value by its lien but not below zero. Macomb County's checklist allows the deduction and asks for a deed and a mortgage statement. Oakland County's instructions, dated 2/21/25, say "Do not deduct real estate liens to determine if the estate qualifies" yet tell the petitioner to list liens and subtract them to reach the inventory value — an internal conflict this guide could not resolve — and its threshold chart stops at 2025. If the clerk's number differs from yours, ask which authority the court is applying and bring the statute, the form and the Treasury table.

Document to bring: A deed, the mortgage or lien statement, the date-of-death values, and a printout of MCL 700.3982 and the Treasury cost-of-living table.

Refusal 3

The family wants the will followed, or the clerk asks about a will

The court assignment does not carry out a will and appoints no personal representative: Grand Traverse County's page says "the terms of the decedent's will are not carried out," and the Michigan courts' 2020 training deck for probate registers says the procedure cannot be used to transfer property pursuant to a will. Property goes to the surviving spouse or, if none, the heirs by Michigan's intestacy rules. If a will exists, the person holding it must forward it to the court with reasonable promptness after the death (MCL 700.2516), and some county packets list the original will among the filing documents — that was reported for Wayne and Kent but not verified. If the family wants the will followed, the small-estate affidavit (which lets a devisee sign) or a probate case is the route to look at.

Document to bring: The original will, if there is one, and the heirs' names, relationships and addresses.

Refusal 4

A relative or creditor challenges the assignment or comes after an heir within 63 days

The order starts a clock: for 63 days from the date of the order, the share of each heir other than a surviving spouse or minor child is subject to any unsatisfied debt of the decedent, up to the value received (MCL 700.3982(3)); PC 556's order states this. Michigan Legal Help describes it as the period in which a creditor can collect. Keep what you receive until the 63 days run out if debts are unknown. The court assignment does not settle disputes about who the heirs are — Michigan Legal Help says the small estates process relies on everyone agreeing.

Document to bring: A list of known debts, and a copy of the signed order showing the date.

Refusal 5

Register of deeds or title company asks for more than the order

Michigan Legal Help says the judge-signed form is what you use to get access to the property. No register-of-deeds recording requirement, transfer-tax statement requirement or title-company rule was read for this guide, so what a particular buyer's title insurer will accept alongside the order is unverified. Order certified copies when the order is entered (county fees vary), and ask the register of deeds and any title company what they want before you list or refinance.

Document to bring: A certified copy of the signed order, and whatever the register of deeds and the title company say they need.

If the first person still won't budge

Ask specifically for the institution's trust department, estate-services unit, or a supervisor — a front-line employee's unfamiliarity with an uncommon filing type is the actual bottleneck far more often than any real legal obstacle. A second, more experienced reviewer resolves most of these on the spot.

Before you present the Michigan Petition for Assignment

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.

Common questions

What if probate clerk returns the petition for a missing form, document or fee?
The packet is county-specific. Macomb County's checklist requires PC 556, MC 97 (protected personal identifying information), a death certificate, documentation of the value of every asset on the date of death (bank statements, stock values, vehicle information, and for real estate the full legal description and parcel number plus a tax or assessor's statement), the funeral and burial statement showing who paid, and the $25 filing fee, $12 certified-copy fee and inventory fee; it says the heirs-testimony form PC 565 "is not required but may assist," and that a petition for discovery (PC 556a) must be filed first if you lack the bank balance documents. Grand Traverse County's checklist lists PC 565 and a death certificate signed by the county clerk. Oakland County's instructions add that the funeral statement must show who paid ("Paid" or a zero balance alone is not sufficient) and that only an heir or a person who paid the funeral bill may petition. Ask your own probate clerk for the current checklist before you file — the clerk cannot give legal advice but can say what the court wants.
What if clerk or court says the estate is over the threshold, or disagrees about deducting a mortgage?
The statute counts the decedent's gross estate after funeral and burial expenses, and for deaths from 2024 on it deducts debt secured by real property up to a cap — $250,000 as adjusted, $264,000 for 2026 (MCL 700.3982(5); Michigan Treasury notice of 2026-01-30). PC 556 itself reduces each parcel's value by its lien but not below zero. Macomb County's checklist allows the deduction and asks for a deed and a mortgage statement. Oakland County's instructions, dated 2/21/25, say "Do not deduct real estate liens to determine if the estate qualifies" yet tell the petitioner to list liens and subtract them to reach the inventory value — an internal conflict this guide could not resolve — and its threshold chart stops at 2025. If the clerk's number differs from yours, ask which authority the court is applying and bring the statute, the form and the Treasury table.
What if the family wants the will followed, or the clerk asks about a will?
The court assignment does not carry out a will and appoints no personal representative: Grand Traverse County's page says "the terms of the decedent's will are not carried out," and the Michigan courts' 2020 training deck for probate registers says the procedure cannot be used to transfer property pursuant to a will. Property goes to the surviving spouse or, if none, the heirs by Michigan's intestacy rules. If a will exists, the person holding it must forward it to the court with reasonable promptness after the death (MCL 700.2516), and some county packets list the original will among the filing documents — that was reported for Wayne and Kent but not verified. If the family wants the will followed, the small-estate affidavit (which lets a devisee sign) or a probate case is the route to look at.
What if a relative or creditor challenges the assignment or comes after an heir within 63 days?
The order starts a clock: for 63 days from the date of the order, the share of each heir other than a surviving spouse or minor child is subject to any unsatisfied debt of the decedent, up to the value received (MCL 700.3982(3)); PC 556's order states this. Michigan Legal Help describes it as the period in which a creditor can collect. Keep what you receive until the 63 days run out if debts are unknown. The court assignment does not settle disputes about who the heirs are — Michigan Legal Help says the small estates process relies on everyone agreeing.
What if register of deeds or title company asks for more than the order?
Michigan Legal Help says the judge-signed form is what you use to get access to the property. No register-of-deeds recording requirement, transfer-tax statement requirement or title-company rule was read for this guide, so what a particular buyer's title insurer will accept alongside the order is unverified. Order certified copies when the order is entered (county fees vary), and ask the register of deeds and any title company what they want before you list or refinance.