Current client? Reach out to us and get directions:
Current client? Reach out to us and get directions:
When a loved one passes away, not every estate has to go through the full probate process. In Michigan, if the value of the estate is relatively low and certain conditions are met, you may be able to use a Small Estate Affidavit to transfer property without opening a probate case. This process is faster, simpler, and more affordable for families dealing with modest estates.
What is a Small Estate Affidavit?
A Small Estate Affidavit is a legal document that allows heirs to claim property belonging to a deceased person without formal probate, as long as the estate meets Michigan’s small estate requirements.
When Can I Use a Small Estate Affidavit in Michigan?
You may be eligible to use this process if:
- The total value of the estate is $51,000 or less (after funeral and burial expenses are deducted)
- The deceased did not own real estate solely in their name
- You are an heir, beneficiary, or someone who paid the funeral expenses
- At least 28 days have passed since the person’s death
Not: If the estate includes a vehicle, Michigan allows for an expedited process even if the estate value is up to $60,000 using Form TR-29: Certification from the Heir to a Vehicle (Tr-29).
Steps to Use a Small Estate Affidavit
1. Obtain Certified Copy of the Death Certificate
This proves the person has passed and when.
2. Fill Out the Small Estate Affidavit
This is sometimes called an Affidavit of Decedent’s successor for Delivery of Certain
Assets. You’ll list the property being claimed and your relationship to the deceased.
Link to Form: PC 598, Affidavit of Decedent's Successor for Delivery of Certain Assets
3. Provide Proof of Relationship to the Deceased
This can include a birth certificate, marriage license, or other legal documentation showing your connection to the deceased.
4. Settle or Account for Outstanding Debt
Before assets can be distributed, any known debts should be paid or accounted for. You may be asked to show proof that the funeral expenses have been paid, especially if you are using that cost to qualify the state under the small estate threshold.
5. Attach Supporting Documents
This includes:
- Any written will or supporting information available
- Vehicle title or information if applicable
- Proof of paid funeral expenses if applicable
6. Have the Affidavit Notarized
You must sign the affidavit in front of a notary public to make it legally valid.
7. Present Affidavit to the Asset Holder
Concerning vehicles, this would be the Michigan Secretary of State Office. Concerning money or other assets, you may present it to banks or institutions holding the deceased’s property.
Link to Scheduling:
8. Pay any Applicable Fees
Some transfers, such as vehicle titles, may involve fees. Immediate family members may be exempt from sales tax.
9. Receive the Property
Once the affidavit is accepted, the property is legally transferred to you.
Need Additional Help With the Process?
Even simple processes can be overwhelming when you’re grieving. Our office is here to help
you determine whether your loved one’s estate qualifies for a small estate affidavit and walk you through the necessary steps to claim what’s rightfully yours.
