Small estate affidavit in Michigan: who can use it and how

A sworn statement you give to a bank, company or person holding the person's money or belongings, so they pay or deliver it to you. It is not filed with the court.

Up to $53,000 (deaths from January 1, 2026 to December 31, 2026), 28 days after the death, no court filing.

Checked against official sources: October 30, 2026.

Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent (form PC 598)

A sworn statement you give to a bank, company or person holding the person's money or belongings, so they pay or deliver it to you. It is not filed with the court.

Limit

Up to $53,000 (deaths from January 1, 2026 to December 31, 2026) Counted after subtracting liens (what is owed on the property).

Date of death	Limit
January 1, 2026 to December 31, 2026	$53,000
January 1, 2025 to December 31, 2025	$51,000
January 1, 2024 to December 31, 2024	$50,000
January 1, 2023 to December 31, 2023	$27,000
January 1, 2022 to December 31, 2022	$25,000

The limit depends on the year of death: $53,000 for deaths in 2026, $51,000 for 2025, and $50,000 for 2024 (it was $27,000 for 2023 and $25,000 for 2022). The Michigan Department of Treasury publishes the new amount each year. The estate, minus liens, cannot be worth more than that amount, and it cannot include real estate.

What counts

The value of the entire estate, wherever located, minus liens and encumbrances. The estate cannot include any real property. Property that passes outside probate (joint, payable-on-death, beneficiary and trust property) is not part of the estate.

Waiting period

More than 28 days must have passed since the death.

Who can use it

The person who is the decedent's successor: the surviving spouse, an adult child or other heir, a beneficiary under the will, or a guardian or other representative of an heir or beneficiary who has a legal incapacity. The affidavit lists every other person entitled to a share and the share of each.

Court or where to file

Not filed with a court. You give it to the holder of the property.

Notary

The SCAO form is signed and sworn before a notary public.

Papers to attach

Copy of the death certificate
List of the property you are entitled to, and the name, address, relationship and share of every other person entitled to a share

Steps

Wait until more than 28 days after the death.
Check that no personal representative has been appointed or applied for, and no petition for assignment has been filed.
Fill in form PC 598, listing the property and everyone entitled to a share.
Sign it before a notary.
Give the affidavit and a copy of the death certificate to the bank, company or person holding the property.

Fee

No court fee; the affidavit is not filed with the court.

Debts and responsibility

If you receive property with the affidavit, you must answer for it to a personal representative appointed later or to anyone with a better right to it. A false statement on the affidavit can be prosecuted as perjury.

What the bank or holder must do

After 28 days the holder must pay or deliver the property when given the death certificate and a proper sworn statement, and a transfer agent must re-register securities. A holder who does so is discharged as if it dealt with a personal representative and does not have to check whether the statements are true. If the holder refuses, the people entitled to the property can bring a court proceeding to make it pay or deliver.

Forms

PC 598 Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent (Rev. 4/24)

Law: MCL 700.3983, 700.3984, 700.1210 (as amended by 2024 PA 1)

Source: Official page

What counts toward the limit in Michigan

For the small estate affidavit, add up the value of everything in the person's probate estate, wherever it is, and subtract liens and debts secured by that property. The estate must not include real estate. Leave out property that passes outside probate. For the court petition for assignment, use gross value after funeral costs, subtracting only mortgages on real estate (up to a cap).

Law: MCL 700.3983, 700.3982, 700.1210

In this state the total is counted after subtracting liens.

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank accounts in the person's name alone, with no payable-on-death beneficiary, count. Law: MCL 700.3983(1)(a)
Joint or payable-on-death (POD) bank accounts	Left out	Joint accounts with survivorship and payable-on-death accounts pass to the surviving owner or beneficiary outside probate and are not part of the estate. Law: MCL 700.6101
Cars and other vehicles	Counts	A car in the person's name is part of the estate and counts. If the person left no other property that needs probate, the spouse or heir can also retitle vehicles at the Secretary of State with a certification. Law: MCL 700.3983(1)(a); MCL 257.236
Boats and mobile or manufactured homes	Counts	A boat or mobile home in the person's name counts at its value minus liens. Law: MCL 700.3983(1)(a)
Real estate in Michigan	Own procedure, up to $53,000	If the estate includes any real estate, the affidavit cannot be used. The court petition for assignment can include real estate, counted at value minus the mortgage (deduction up to $264,000 for 2026 deaths). Law: MCL 700.3983(1)(a); MCL 700.3982(5)
Main home (primary residence)	Own procedure, up to $53,000	A home in the person's name is real estate, so the affidavit cannot be used; the court petition for assignment can include it. Law: MCL 700.3983(1)(a); MCL 700.3982
Real estate in another state	Not clear	The affidavit counts the estate 'wherever located' and must state that the estate includes no real property. Ask the probate court how real estate in another state affects it. Law: MCL 700.3983(1)(a)
Unpaid wages owed to the person	Counts	Unpaid wages owed to the person are part of the estate. Law: MCL 700.3983(1)(a)
Military pay owed to the person	Not clear	Money owed by the U.S. military may be paid to a beneficiary named with the military, outside probate. Ask the probate court how to count it. Law: MCL 700.3983(1)(a)
Life insurance or retirement money paid to a named person	Left out	Life insurance, retirement and other benefits with a named beneficiary pass outside probate and are not part of the estate. Law: MCL 700.6101
Life insurance or retirement money paid to the estate	Counts	Insurance or retirement benefits payable to the estate are part of the estate and count. Law: MCL 700.3983(1)(a)
Property in a living trust	Left out	Property in a trust passes under the trust, not through the probate estate. Law: MCL 700.6101
Property owned jointly with right of survivorship	Left out	Property held jointly with right of survivorship passes to the surviving owner. Law: MCL 700.6101
Property going to a surviving spouse	Counts	Probate property that goes to the spouse under the will or inheritance law is still part of the estate. Property the spouse gets as a joint owner or named beneficiary is not. Law: MCL 700.3983(1)(a)
Stocks, bonds and brokerage accounts	Counts	Stocks and brokerage accounts in the person's name alone count. Securities registered 'transfer on death' (TOD) go to the beneficiary and are left out. Law: MCL 700.3983(2); MCL 700.6307
Furniture, jewelry and other belongings	Counts	Furniture, jewelry and other belongings count at their value minus any liens. Law: MCL 700.3983(1)(a)

Source: Official page

Questions about small estates in Michigan

How long must I wait to use the affidavit in Michigan?

More than 28 days must have passed since the death.

What does the affidavit cost in Michigan?

No court fee; the affidavit is not filed with the court.

Am I responsible for debts if I use the affidavit in Michigan?

Free help in Michigan

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.