Small Estate Affidavit vs. Full Probate in Michigan: Which Applies?
Small Estate Affidavit is a narrower, faster alternative to full probate in Michigan — available only when the estate meets MCL 700.3983's conditions (at or under $53,000 (net value of the entire estate, wherever located, after liens and encumbrances)). Once an estate falls outside those conditions, full probate is what applies instead. This is informational only and is not legal advice.
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What makes Small Estate Affidavit different from full probate
Small Estate Affidavit is a narrower, faster alternative to full probate in Michigan — available only when the estate meets MCL 700.3983's specific conditions (non-exempt property at or under $53,000 (net value of the entire estate, wherever located, after liens and encumbrances)). 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 (net value of the entire estate, wherever located, after liens and encumbrances) cap. Even one dollar over the statutory line under MCL 700.3983 disqualifies small estate affidavit entirely — there's no partial or reduced-scope version of this mechanism for an estate just over the ceiling.
- 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.
- 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.
Why it's worth checking first: full probate is slower and typically far more expensive than small estate affidavit — 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 Small Estate Affidavit 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.