State Laws
- Maximum Amount: $53,000 for a death, the value of the decedent’s estate, less liens and encumbrances. This limit is adjusted annually for inflation. Cannot be used if the estate includes real property.[1][2]
- Signing Requirements: Sworn and notarized.[3]
- Where to File: Affidavit of Decedent’s Successor (PC 598) is presented directly to the asset holder.[4]
- When to File: 28 days after death for the affidavit.[5]
- Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).[6]
Rightful Heirs (Hierarchy)
If the decedent did not have a will, the beneficiary hierarchy is as follows:
- Spouse: The surviving spouse receives the entire estate. Michigan guarantees the spouse an inflation-adjusted first share of at least $201,000, which is more than the $53,000 small estate limit.[7][8]
- No Spouse, Children: If there is no surviving spouse, the estate passes to the decedent’s descendants, with a deceased child’s share passing to that child’s descendants.[9]
How to File a Small Estate
Step 1 – Wait 28 Days for the Affidavit Route
At least 28 days must pass after the decedent’s death before Form PC 598, Collection of Personal Property by Sworn Statement, may be used.[10]
Step 2 – Confirm the Correct Procedure Qualifies
For Form PC 598, the estate must contain no real property, the value of the entire estate after subtracting liens and encumbrances must be $53,000 or less for a 2026 death, and no personal representative may have been appointed or have a petition pending.[11][12]
Step 3 – Complete the Correct Form
Use Form PC 598 to collect qualifying personal property directly to request a probate-court assignment under the separate small-estate procedure.[13]
Step 4 – Execute and Attach the Required Documents
Sign Form PC 598 before a notary public and attach a certified copy of the death certificate.[14]
Step 5 – Present or File the Form
Present Form PC 598 to the bank or other holder of the asset.[15]
Sources
- MCL 700.3983
- Michigan Department of Treasury (Estates and Protected Individuals Code Inflation Adjustments, 2026)
- MCL 700.3983
- MCL 700.3983
- MCL 700.3983
- MCL 700.2104
- MCL 700.2102(1)(f)
- Michigan Department of Treasury (Estates and Protected Individuals Code Inflation Adjustments, 2026)
- MCL 700.2103
- MCL 700.3983
- MCL 700.3983
- Michigan Department of Treasury (Estates and Protected Individuals Code Inflation Adjustments, 2026)
- MCL 700.3983
- MCL 700.3983
- MCL 700.3983