Michigan's Small Estate Affidavit (MCL 700.3982) allows a successor to collect personal property without opening a Probate Court case — provided the total personal property subject to probate does not exceed $25,000 and at least 28 days have passed from the date of death. The $25,000 is a base amount that may be adjusted periodically for cost of living under MCL 700.3982(1); verify the current threshold before use.
Verify the current threshold before use. Michigan's MCL 700.3982 threshold is a base amount that is periodically adjusted for cost of living. The figure cited ($25,000) is the statutory base — the current operative amount may be different. Check the current adjusted threshold at legislature.mi.gov or call your county Probate Court before preparing the affidavit. Using an outdated threshold could invalidate the affidavit.
28-day wait is mandatory. Michigan requires waiting 28 days from the date of death before the affidavit can be presented to any asset holder (MCL 700.3982). You can prepare the affidavit during the waiting period, but cannot present it until after Day 28. Asset holders may refuse to honor an affidavit presented before the 28-day period expires.
Qualification Requirements (MCL 700.3982)
- The total value of personal property subject to probate does not exceed $25,000 (verify current adjusted amount)
- The estate does not include real estate that needs to be transferred by the affidavit (real estate requires Probate Court)
- At least 28 days have passed since the date of death
- You are a successor entitled to the property under the will or Michigan intestacy law
- No Probate Court estate proceeding has been commenced
Prepare now, present on Day 29. Use the 28-day waiting period productively: order certified death certificates, identify all personal property, determine heirs under the will or Michigan intestacy law (MCL 700.2101 et seq.), and draft the affidavit. On Day 29, present it to each asset holder with a certified death certificate.
Step-by-Step: Using Michigan's Small Estate Affidavit
- Confirm eligibility — total personal property ≤ current MCL 700.3982 threshold; no real estate; 28 days from death; you are a successor
- Verify current threshold — confirm the adjusted amount at legislature.mi.gov or with the county Probate Court
- Order certified death certificates — from Michigan Vital Records (michigan.gov/mdhhs); order 4–6 copies; each institution requires its own original
- Identify all successors — determine who is entitled to the property under the will or MCL 700.2101 intestacy law
- Wait 28 days from date of death — the affidavit cannot be presented before this period expires
- Prepare the affidavit — state: (a) deceased's name, date of death, and county; (b) that total personal property does not exceed the MCL 700.3982 threshold; (c) that 28 days have passed; (d) that no Probate Court proceeding has been commenced; (e) your relationship to the deceased and right to receive the property; (f) the specific property being claimed
- Execute the affidavit before a notary — must be notarized
- Present to each asset holder — bring the notarized affidavit and a certified death certificate to each bank, financial institution, or other holder. Asset holders complying in good faith are protected from liability
- Transfer vehicle titles — present the affidavit and certified death certificate at a Michigan Secretary of State (SOS) office
Example — qualifies: Deceased had $18,000 in a checking account and $5,000 in personal property. Total personal property: $23,000 — under the threshold. No real estate. 35 days have passed (28+ day wait satisfied). Successor can use the Small Estate Affidavit to collect the bank account and personal property. No Probate Court filing required.
Example — does NOT qualify (real estate present): Deceased had $20,000 in savings and a house. Even though savings alone are under the threshold, the presence of real estate means Probate Court proceedings are required to transfer the house. The affidavit can still collect the savings, but the house requires probate.
Example — does NOT qualify (too early): Deceased passed away 20 days ago. Personal property is $22,000 — under the threshold. But the 28-day wait has not expired. The affidavit cannot be presented until Day 29.
How Michigan Compares to Neighboring States
| State | Threshold | Wait Period | Notes |
|---|---|---|---|
| Michigan | $25,000 personal | 28 days | MCL 700.3982; threshold may be adjusted for inflation; verify current amount |
| Ohio | $35,000 personal | None | O.R.C. § 2113.03; no wait period; no inheritance tax |
| Indiana | $50,000 personal | 45 days | Ind. Code § 29-1-8-3; no inheritance tax |
| Wisconsin | $50,000 personal | 30 days | Wis. Stat. § 867.03; marital property rules apply |
| Kentucky | $15,000 personal | None | KRS § 395.455; lowest in region; inheritance tax for Class B/C |
| Tennessee | $50,000 personal | 45 days | T.C.A. § 30-4-102; no income/estate/inheritance tax |
| Illinois | $100,000 personal | None | 755 ILCS 5/25-1; highest in region |
No Michigan taxes on small estate transfers. Michigan has no state estate tax and no state inheritance tax. Assets transferred via Michigan's small estate affidavit are entirely free of Michigan state death taxes. The federal step-up in basis (26 U.S.C. § 1014) applies to inherited assets, minimizing capital gains if assets are later sold.
When You Need Full Probate Court Proceedings
- The estate includes real estate of any value
- Total personal property exceeds the current MCL 700.3982 threshold (verify before use)
- You need to act before 28 days have passed from death
- There is a dispute among heirs about who inherits
- The estate is insolvent — debts exceed assets
- A financial institution requires a court order before releasing funds
- A will must be formally admitted to probate — only the Probate Court can do this