Michigan Small Estate Alternatives to Probate
Simplified probate procedures for smaller estates in Michigan — summary distribution, affidavits, and when full probate is still required.
Michigan's small estate option
| Requirement | Details | |
|---|---|---|
| Procedure name | small estate affidavit / collection by affidavit §700.3982 | |
| Estate value threshold | Must be under $50,000 (adjusted periodically) §700.3982 | |
| Additional requirements | On proof that funeral and burial expenses are paid or provided for, the court may order the property turned over to the surviving spouse or, if there is no spouse, to the decedent's heirs when the balance of the gross estate is $50,000 or less (adjusted periodically under § 700.1210). Beginning January 1, 2024, indebtedness secured by real property in the estate — up to $250,000 — is deducted from the value of that real property. An heir who receives property under the order remains responsible for the decedent's unsatisfied debts, up to the value received, for 63 days after the date of the order. §700.3982 |
Michigan allows small estate affidavit / collection by affidavit for qualifying estates. The threshold is $50,000 (adjusted periodically). On proof that funeral and burial expenses are paid or provided for, the court may order the property turned over to the surviving spouse or, if there is no spouse, to the decedent's heirs when the balance of the gross estate is $50,000 or less (adjusted periodically under § 700.1210). Beginning January 1, 2024, indebtedness secured by real property in the estate — up to $250,000 — is deducted from the value of that real property. An heir who receives property under the order remains responsible for the decedent's unsatisfied debts, up to the value received, for 63 days after the date of the order.
When full probate is still required
Even a small estate may need full administration if:
- There is real property titled solely in the decedent's name (in states where the simplified process covers personal property only)
- There is a dispute among heirs about who inherits
- There are contested Creditor claims
- The value exceeds the small-estate threshold once all assets are properly valued
How the simplified process works
- An heir or person entitled to the property prepares an affidavit (sworn statement) attesting to their right to receive the assets
- The affidavit is presented to whoever holds the property (bank, employer, insurance company, etc.)
- The holder is authorized to release the property based on the affidavit
- No court appointment of a Personal representative is needed
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.