Michigan Small Estate Affidavit
The Michigan Small Estate Affidavit is the official one-page form provided by the state for collecting the estate (assets and other belongings) of an individual that passed away. The form is also known as the “Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent (Form PC 598).” Using an affidavit allows for a far more convenient and expedited process in comparison to the formal probate process, which can take up to nine (9) months. The document can be used by a Decedent’s surviving spouse, child, or heir to signal their entitlement to a property—of which may not be real estate—to the value of $15,000 or less. All sections of the form must be duly completed and notarized by a Notary Public.
Laws & Required Conditions
Laws: § 700.3982
Maximum Estate Value: $15,000
Required Conditions: The applicant must abide by all laws concerning small estates in the state of Michigan, which are summarized below:
- At least twenty-eight (28) days must have elapsed since the Decedent’s death,
- No real property may be included in the estate,
- A copy of the Decedent’s death certificate must be attached to the Affidavit,
- There must be no pending or existing appointment of a personal representative in any jurisdiction,
- A petition for assignment of a small estate must not have been filed with a court,
- The applicant must be entitled under state law to pursue the estate (i.e. the spouse, next of kin, or heir of the Decedent),
- A Notary Public must have subscribed and sworn the Affidavit, and
- The stipulations found in Section 700.3982 must have been upheld.