Small Estate Check.

Michigan probate code · checked October 2026

Michigan Small Estate: The Limit, the Tracks, and the Form

For money and belongings, Michigan's affidavit limit is $53,000 — applied to the estate after the assets that pass automatically are taken out. The Michigan affidavit (PC 598) is barred if the estate contains any real property at all. A house routes the family to the Petition and Order for Assignment (PC 556) instead — a court filing that can include real property, deducting the mortgage secured by it (up to $264,000 for 2026 deaths). The affidavit, where one exists, cannot be used until 28 days have passed since the death.

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The Michigan line, in facts

The affidavit limit today: $53,000, judged by the law in force on the date of death.

The paper: SCAO PC 598 - Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent; PC 556 - Petition and Order for Assignment.

How it moves: presented to whoever holds the property; no court case is opened.

The wait: 28 days after the death before the affidavit can be used.

For a surviving spouse: No different cap for a surviving spouse as sole heir under 3982 or 3983; spouse is simply first in line to receive assigned property.

The tracks in Michigan

TrackLimitHow it works
Small-estate affidavit$53,000Presented to whoever holds the property; no court case. Form: SCAO PC 598 - Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent; PC 556 - Petition and Order for Assignment.
Petition and Order for Assignment (MCL 700.3982)$53,000The Petition and Order for Assignment (§ 700.3982) is Michigan's court track at the same inflation-adjusted figure as the affidavit — $53,000 for 2026 deaths — and unlike the affidavit it can carry real property.

What catches families in Michigan

Vehicles in Michigan

Vehicles are personal property collectible by the PC 598 sworn statement if the estate qualifies; Michigan Secretary of State also transfers vehicle titles to a surviving spouse/heir without probate under separate SOS procedure - no vehicle exclusion from the 3983 cap was found.

Debts, and the signer's duty

For the court Assignment route, an heir other than a qualifying spouse/minor child who receives property is responsible for 63 days after the order for any unsatisfied debt of the decedent up to the value received (MCL 700.3982(3)); the sworn-statement route requires the estate, net of liens and encumbrances, not exceed the cap.

Rules checked October 2026 · Sources: MCL 700.3983(1)(a)-(e); MCL 700.3982(1)-(6); MCL 700.1210; 2024 PA 1 (eff. Feb. 21, 2024); Michigan Dept. of Treasury, EPIC Cost-of-Living Adjustments, certified Jan. 30, 2026, Table B. This page reads the published law; it is not legal advice, and the court is the final word.

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