Michigan Small Estate Affidavit

The Michigan Small Estate Affidavit, otherwise known as “Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent (Form PC 598)” is a one-page form that can be used by the 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.