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Small Estate Procedures · Michigan

Michigan's indexed small-estate transfer: court order or 28-day affidavit

Michigan provides two related small-estate routes at the annually indexed ceiling: a probate-court order assigning property and, after 28 days, a transfer-by-affidavit when no personal representative is pending or appointed.

Editorial review draft · Not certified for publication

Start with the Treasury-adjusted amount for the year of death rather than the $50,000 statutory base. Deduct funeral and burial expenses as the assignment statutes direct before deciding which route fits.

Check eligibility before signing

  • The adjusted small-estate value is within the ceiling for the year of death.
  • For the no-court affidavit, at least 28 days have passed.
  • No personal representative is pending or appointed for the affidavit route.
  • The successor can identify priority funeral expenses and entitled heirs or devisees.

Gather the required documents

  • Current Michigan small-estate assignment or transfer affidavit form
  • Certified death certificate
  • Treasury indexed-amount notice for the year of death
  • Funeral and burial expense receipts
  • Asset values and lien statements
  • Heir, devisee, and priority information

Follow the state procedure

Use section 700.3982 for a probate-court assignment order or section 700.3983 for direct transfer after the wait. Present the order or affidavit to holders and distribute only after the statutory expenses are addressed.

Know which property the shortcut reaches

The direct affidavit is a personal-property collection tool. A court assignment can address the qualifying property described in its order, but neither route should be treated as a substitute for unresolved land-title work.

Understand the recipient's responsibility

A recipient must reimburse proper funeral expenses and distribute the balance to the people entitled. Anyone using the affidavit remains accountable to a later representative or superior claimant.

Use another route when these facts apply

  • The current indexed ceiling is exceeded.
  • The 28-day wait has not run for direct transfer.
  • A representative is pending or appointed.
  • Real-property, creditor, or inheritance disputes need formal probate.

Sources & methodology

Sources and current rules
Current ruleannually indexed ceiling based on $50,000; transfer affidavit after 28 daysMich. Comp. Laws § 700.3982 (adjusted under § 700.1210) · base 2024; indexed each year

Methodology & sources

Mich. Comp. Laws § 700.3982 (adjusted under § 700.1210) supplies the headline rule and its stated conditions.

Editorial review draft. The source record supporting the ceiling is listed above when one is available. The procedural questions identified in the article are not yet certified.

This page is educational and is not legal advice. Whether the affidavit procedure is right for a particular estate — and what liability the signer takes on — turns on facts a general page cannot resolve, including debts that have not surfaced yet. Confirm your own situation with an attorney licensed in Michigan.

Sources reviewed August 23, 2026.