What Qualifies for Michigan's Petition for Assignment?
Michigan's Petition for Assignment applies when the estate's value falls at or under $53,000 (gross estate after funeral and burial expenses and the real-property debt deduction), under MCL 700.3982. This is a statutory line, not a judgment call — compare your own total against it before assuming either way. This is informational only — we don't determine your eligibility for you.
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The statutory line, exactly
Michigan's Petition for Assignment applies when the estate, measured the way the statute measures it, is at or under $53,000, under MCL 700.3982. That figure specifically means: gross estate after funeral and burial expenses and the real-property debt deduction. This is a statutory line, not a judgment call — the clerk or asset holder either sees your total under the cap or they don't.
The mistakes that actually sink an otherwise-eligible estate
6 reasons account for most of the rejections Michigan families run into — cited to the specific MCL 700.3982 section behind each one, not general advice:
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The estate is over the threshold for the year of death. After funeral and burial expenses, the gross estate must be at or under $50,000 as adjusted — $53,000 for a 2026 death, $51,000 for 2025, $50,000 from February 21, 2024. For deaths from 2024 on, debt secured by real property is deducted up to a cap ($264,000 for 2026). A mortgage cannot reduce a parcel below zero, and county clerks differ on how they apply the deduction. — MCL 700.3982(1), (5), (6); MCL 700.1210; Michigan Treasury notice of 2026-01-30; PC 556 ¶ 3
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No satisfactory evidence about the funeral and burial expenses. The court acts "on a showing of evidence, satisfactory to the court, of payment of the expenses for the decedent's funeral and burial." Counties want an itemized funeral statement showing who paid what, or the balance owing. — MCL 700.3982(1)-(2); Oakland County instructions
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The petitioner is not an heir or the person who paid the funeral bill. Oakland County says only an heir or an individual who paid the funeral bill may petition; Michigan Legal Help says the same. — Oakland County Probate Court instructions (PEMH 1025, 2/21/25); Michigan Legal Help
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The heirs are listed wrongly or incompletely. PC 556 asks for the surviving spouse or, if none, the name, age, relationship and address of each heir. Macomb County's checklist warns that children of a deceased heir take their parent's share. — PC 556 ¶ 5; Macomb County checklist
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The decedent's property is not described or valued as the court requires. Counties want a legal description for real estate (not just a street address), an asset-by-asset value as of the date of death with supporting documents, and no financial account numbers on the petition (those go on MC 97). — PC 556 ¶ 3; county checklists
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The petition is filed in the wrong county. PC 556 is for a decedent who lived in the county, or who lived outside Michigan and left an estate in the county. Oakland County adds that it can assign only real estate located in Michigan. — PC 556 ¶ 2; Oakland County instructions
Once you've confirmed the estate qualifies, the next question is the actual filing sequence — see how to file Petition for Assignment in Michigan, step by step.
Once you know the estate qualifies, this is what trips families up next
Not the eligibility math — presenting the approved filing to an asset holder who's never seen one before. 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.