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Collection of Personal Property by Sworn Statement (Michig…Verified against the statute July 29, 2026

Michigan Small Estate Affidavit

Michigan lets the next of kin collect a deceased person’s property without opening probate when the estate is worth $53,000 or less and 28 days have passed since the death. Here is exactly how it works, and how to use it.

Check if you qualifyHow to use it

Michigan at a glance

Estate value limit
$53,000
Net value, adjusted periodically
Wait after death
28 days
Before the affidavit can be presented
File with a court?
No
Present it directly to the bank or agency
Covers real property?
No
Real property needs the court
Notary required?
Yes
Sign in front of a notary
Who can sign
"A person claiming to be the decedent's…
Per the statute

Is your estate under the $53,000 limit?

Enter a rough total of what they owned in their own name alone. Leave out jointly-held accounts and anything with a named beneficiary. Those don’t count.

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The $53,000 limit, and what actually counts

Value of the entire estate, wherever located, NET of liens and encumbrances, and the estate must contain no real property (MCL 700.3983(1)(a)). Statutory base figure is $50,000, indexed under MCL 700.1210. Critically, the applicable figure is the one published for the calendar year in which the decedent died, not the year the affidavit is signed or presented.

This figure is adjusted periodically rather than fixed in the statute, so always check the current amount before you sign. The figure above is the one in force as of July 29, 2026.

What doesn't count toward the limit

This is where most people wrongly rule themselves out. In Michigan, these are left out of the calculation:

  • Liens and encumbrances on estate property
  • Real property

The 28-day waiting period

28 days, counted from the date of death. Two independent statutory hooks: the operative clause of MCL 700.3983(1) ('After 28 days after a decedent's death, a person indebted to the decedent or having possession of tangible personal property.. shall pay..') and the affiant's required sworn averment at MCL 700.3983(1)(b) ('Twenty-eight days have elapsed since the decedent's death.'). Scao form PC 598 item 2 phrases it as 'More than 28 days have passed since decedent's death.' There is no maximum deadline / statute of repose on using the affidavit, but the separate bar in MCL 700.3983(1)(c) (no PR appointed or pending) is a practical time constraint. Michigan's 28 days is shorter than the common UPC 30-day and California's 40-day period. Do not default to 30.

Who can sign the affidavit

"A person claiming to be the decedent's successor"; the sworn statement may be "made by or on behalf of the successor" (MCL 700.3983(1)). Scao form PC 598 enumerates the eligible affiants: surviving spouse; adult child; other heir; devisee under a dated will; or the fiduciary/representative of an heir or devisee who has a legal incapacity. There is no requirement that all heirs sign, but the affiant must list the name, address and proportionate share of every other person entitled to a share (MCL 700.3983(1)(e)).

either

The affidavit must be signed in front of a notary. Most banks and UPS Stores have a notary; many charge under $15.

Can it transfer a house or land in Michigan?

Real property is absolutely excluded from the MCL 700.3983 affidavit. MCL 700.3983(1)(a) requires the affiant to swear 'The estate does not include real property,' and PC 598 item 3 repeats it. There is no Michigan companion real-property affidavit analogous to California Prob. Code 13200. Instead, the companion instrument is a court petition, not an affidavit: MCL 700.3982, 'Court order distributing small estates'. Scao form PC 556, 'Petition and Order for Assignment' (Rev. 3/25), which cites MCL 600.871, 700.1210, 700.1302 and 700.3982. Separate threshold: none. MCL 700.3982 uses the same indexed figure ($50,000 base as adjusted; $53,000 for 2026 deaths), but measured on the gross estate remaining after payment of funeral and burial expenses. Crucially, MCL 700.3982(5) provides that beginning January 1, 2024, where real property is encumbered by or used as security for an indebtedness, 'the amount of the indebtedness, not to exceed $250,000.00, must be deducted from the value of the real property', so a heavily mortgaged home can be brought under the cap. PC 556 further instructs that for real property with a date of death on or after March 28, 2013, gross value is reduced by the lien amount but the remaining inventory value of the parcel cannot be less than zero. The Order Assigning Assets signed by the judge is the instrument that transfers real property, and a certified copy is recorded with the county register of deeds. MCL 700.3982(4) forbids anyone other than the court from requiring a qualified person to use one procedure rather than the other.

How to use a small estate affidavit in Michigan

  1. 1

    Confirm you're under the limit and past the wait

    Add up the property that passes through the estate and check it against the $53,000 ceiling. Value of the entire estate, wherever located, NET of liens and encumbrances, and the estate must contain no real property (MCL 700.3983(1)(a)). Statutory base figure is $50,000, indexed under MCL 700.1210. Critically, the applicable figure is the one published for the calendar year in which the decedent died, not the year the affidavit is signed or presented.

  2. 2

    Gather the documents

    You'll need certified copies of the death certificate: order at least three, since institutions often keep one: plus account numbers, the vehicle title or VIN, and the names and addresses of every heir.

  3. 3

    Complete the affidavit

    Fill in Collection of Personal Property by Sworn Statement (Michigan "Transfer by Affidavit"), MCL 700.3983. Scao form PC 598, Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent, listing the decedent, the heirs and their relationships, the assets and their values, and the known debts.

  4. 4

    Sign it in front of a notary

    Sign in front of a notary public. Banks, credit unions and shipping stores all offer notarization, usually for a small fee.

  5. 5

    Present it to whoever holds the property

    Affirmative duty to pay: MCL 700.3983(1) is mandatory: a person indebted to the decedent, or holding tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action, 'shall pay the indebtedness or deliver the tangible personal property or the instrument' on presentation of (a) the decedent's death certificate and (b) the sworn statement containing the five required averments. Securities: MCL 700.3983(2). 'A transfer agent of a security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of a sworn statement as provided in subsection (1).' Safe harbor: MCL 700.3984(1): a person paying, delivering, transferring, or issuing personal property under a section 3983 sworn statement 'is discharged and released to the same extent as if the person dealt with the decedent's personal representative. The person is not required to see to the application of the personal property or evidence of the application, or to inquire into the truth of a statement in the sworn statement.' This is the exact language to quote to a resistant bank branch. Remedy for refusal: MCL 700.3984(2): if the holder refuses, 'the property may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of a person's right to the property in a proceeding brought for the purpose by or on behalf of the persons entitled to the property.' Anti-steering: MCL 700.3982(4): if the estate qualifies under either 3982 or 3983, 'a person, other than the court, shall not require the authorized person to use 1 procedure rather than the other,' i.e. a bank may not insist on a court order or on full probate. Separate mini-release: MCL 700.3981 lets a hospital, convalescent or nursing home, morgue, or law enforcement agency holding $1,500 or less (adjusted per MCL 700.1210) plus the decedent's wearing apparel deliver them to a spouse, child, or parent on identification and a sworn statement that no administration is pending; that institution is likewise 'released to the same extent as if delivery were made to a legally qualified personal representative,' and the recipient is answerable to a person with a prior right and to a later-appointed PR. Practical note: MCL 700.3984 was not amended by 2024 PA 1 (History: 1998, Act 386, Eff. Apr. 1, 2000, only).

Where to take the signed affidavit

The bank

Affirmative duty to pay: MCL 700.3983(1) is mandatory: a person indebted to the decedent, or holding tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action, 'shall pay the indebtedness or deliver the tangible personal property or the instrument' on presentation of (a) the decedent's death certificate and (b) the sworn statement containing the five required averments. Securities: MCL 700.3983(2). 'A transfer agent of a security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of a sworn statement as provided in subsection (1).' Safe harbor: MCL 700.3984(1): a person paying, delivering, transferring, or issuing personal property under a section 3983 sworn statement 'is discharged and released to the same extent as if the person dealt with the decedent's personal representative. The person is not required to see to the application of the personal property or evidence of the application, or to inquire into the truth of a statement in the sworn statement.' This is the exact language to quote to a resistant bank branch. Remedy for refusal: MCL 700.3984(2): if the holder refuses, 'the property may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of a person's right to the property in a proceeding brought for the purpose by or on behalf of the persons entitled to the property.' Anti-steering: MCL 700.3982(4): if the estate qualifies under either 3982 or 3983, 'a person, other than the court, shall not require the authorized person to use 1 procedure rather than the other,' i.e. a bank may not insist on a court order or on full probate. Separate mini-release: MCL 700.3981 lets a hospital, convalescent or nursing home, morgue, or law enforcement agency holding $1,500 or less (adjusted per MCL 700.1210) plus the decedent's wearing apparel deliver them to a spouse, child, or parent on identification and a sworn statement that no administration is pending; that institution is likewise 'released to the same extent as if delivery were made to a legally qualified personal representative,' and the recipient is answerable to a person with a prior right and to a later-appointed PR. Practical note: MCL 700.3984 was not amended by 2024 PA 1 (History: 1998, Act 386, Eff. Apr. 1, 2000, only).

The DMV

Separate procedure with a much higher limit. Do not route vehicles through PC 598 by default. Agency: Michigan Secretary of State (SOS), not the probate court. Statute: MCL 257.236(2). A surviving spouse or an heir (in the order specified in MCL 700.2103) may apply for title where the deceased owner 'does not leave other property that requires the issuance of letters,' by furnishing proper proof of death plus a certification that the applicant is the surviving spouse or an heir. Threshold on the total value of the vehicle(s), measured as of the date the title transfer application is presented: $60,000 for calendar years through 2023; $100,000 for the 2024 and 2025 calendar years; beginning 2026 the amount is adjusted annually by a cost-of-living factor tied to the U.S. Consumer Price Index for all urban consumers (BLS annual average), rounded to the nearest $1,000, with the Department of Treasury required to certify and publish the applicable amount 'no later than September 1 of the prior calendar year' (MCL 257.236(3)). The exact 2026 SOS vehicle figure was not retrieved and must be confirmed. Form: the SOS certification form is commonly cited as TR-29, 'Certification from the Heir to a Vehicle', the form number was not independently verified in this pass because Michigan.gov blocked automated retrieval. Watercraft and off-road vehicles have their own analogous SOS provisions not researched here.

The employer

Final wages and accrued leave can usually be claimed with the same affidavit. Ask their payroll department what they need, most have a standard process.

Debts and your personal liability

The MCL 700.3983 affidavit imposes no obligation to list, notice, or pay the decedent's creditors, and, unlike the assignment route, carries no fixed statutory creditor window. PC 598 contains no debt schedule. Affiant exposure comes from MCL 700.3984(2): a person to whom payment, delivery, transfer, or issuance is made 'is answerable and accountable for the property to a personal representative of the estate or to another person having a superior right.' That exposure is open-ended in time (bounded in practice by the general epic limits on opening administration), not the 63 days that applies to assignments. Additional exposure: the statement is sworn, and MCL 700.3983(3) requires the SCAO form to carry a perjury warning. PC 598 states 'A false statement on this affidavit may subject the person swearing to the statement to prosecution for perjury.' Contrast, the assignment route: MCL 700.3982(3) provides that, other than a surviving spouse who qualifies for allowances or the decedent's minor children, an heir receiving property under an assignment order 'is responsible, for 63 days after the date of the order, for any unsatisfied debt of the decedent up to the value of the property received,' and the court must state that condition in the order (PC 556 prints it in the Order Assigning Assets). Also note MCL 700.3982(1)-(2): funeral and burial expenses must be shown paid, or the court must order the property used first to pay them or reimburse whoever paid them, a funeral-expense priority that has no counterpart in the 3983 affidavit.

When you can’t use it

Michigan takes the affidavit route off the table when:

  • Estate includes any real property, absolute bar under MCL 700.3983(1)(a); the successor must instead use the MCL 700.3982 court Order of Assignment (PC 556) or open probate
  • Estate value, wherever located, net of liens and encumbrances, exceeds the indexed threshold for the decedent's year of death
  • Fewer than 28 days have elapsed since the date of death (MCL 700.3983(1)(b))
  • An application or petition for appointment of a personal representative is pending, or has been granted, in any jurisdiction (MCL 700.3983(1)(c))
  • The affiant is not in fact entitled to payment or delivery of the property (MCL 700.3983(1)(d))
  • Per SCAO form PC 598 item 6, a petition for assignment must not already have been filed with a court (form-level condition; not expressly in the statute)
  • Real property in the estate cannot be cured by netting: unlike MCL 700.3982(5), section 3983 has no mechanism to reduce real property to zero via mortgage deduction, any real property disqualifies
  • Assets that require letters of authority for a third party's own reasons (e.g., litigation claims, out-of-state ancillary real property) fall outside the affidavit

If any of those apply, a probate attorney is the right call. A typical small-estate proceeding runs $1,000–$3,000 plus the court’s fee.

Michigan small estate affidavit FAQ

Statute and sources

Last verified July 29, 2026. 2024 PA 1 (House Bill 4644), immediate effect February 21, 2024, the dominant recent change, amending MCL 700.1210, 700.3981, 700.3982 and 700.3983 and adding MCL 700.1215. Effects: (1) raised the small-estate base figure in both MCL 700.3982 and MCL 700.3983 to $50,000 (from the prior $15,000-indexed base that had grown to roughly $27,000-$28,000), an effective near-doubling of the cap; (2) re-based the indexing in MCL 700.1210(2) so that, beginning January 1, 2024, the amounts in sections 2519, 3605, 3916, 3918, 3981, 3982 and 3983 are multiplied by the 2023 cost-of-living adjustment factor for the year of the decedent's death (previously the 1997 factor governed); (3) added MCL 700.3982(5), effective for calculations beginning January 1, 2024, allowing indebtedness secured by estate real property, capped at $250,000, to be deducted from that real property's value, dramatically widening access to the assignment route for mortgaged homes; (4) added MCL 700.3983(3), directing the State Court Administrative Office to develop and make available a standardized sworn-statement form carrying a perjury notice. Scao responded with the current PC 598 revision (4/24); (5) amended MCL 700.3981 to index the $1,500 hospital/nursing home/morgue/law enforcement release amount. Form revisions: PC 598 revised 4/24; PC 556 revised 3/25. Separate 2023-24 change: MCL 257.236(2) was amended to raise the Secretary of State no-letters vehicle transfer ceiling from $60,000 (through 2023) to $100,000 for calendar years 2024 and 2025, with annual CPI indexing beginning in 2026 published by Treasury by September 1 of the prior year. Source text used was the official Michigan Compiled Laws rendering 'Complete Through PA 20 of 2026,' rendered Wednesday, July 22, 2026, i.e. current as of one week before the research date; no post-2024 PA 1 amendment to MCL 700.3982/3983/3984 appears in that rendering.

  • MCL 700.3983 (collection of personal property by sworn statement; 28 days; $50,000 as adjusted; no real property)
  • MCL 700.3983(1)(a) (threshold; net of liens and encumbrances; no real property)
  • MCL 700.3983(1)(b) (28-day waiting period)
  • MCL 700.3983(1)(c) (no pending/granted PR application or petition)
  • MCL 700.3983(2) (transfer agent must re-register securities)
  • MCL 700.3983(3) (SCAO must publish standardized form with perjury notice; added 2024 PA 1)
  • MCL 700.3984(1) (payor discharged and released as if it dealt with a personal representative; no duty to inquire)
  • MCL 700.3984(2) (refusal to pay is compellable; recipient answerable to PR or person with superior right)
  • MCL 700.1210(2)-(3) (cost-of-living adjustment; 2023 base factor; Dept. of Treasury publishes before Feb 1; round to nearest $1,000; factor for the calendar year in which the decedent dies)
  • MCL 700.3982 (court Order of Assignment - companion small-estate procedure that does reach real property)
  • MCL 700.3982(3) (63-day creditor liability for heirs taking under an assignment order)
  • MCL 700.3982(4) (no person other than the court may force use of one procedure over the other)
  • MCL 700.3982(5) (from Jan 1, 2024, deduct indebtedness secured by real property, capped at $250,000, when valuing the gross estate)
  • MCL 700.3981 (hospital/nursing home/morgue/law enforcement release of $1,500 as adjusted plus wearing apparel)
  • MCL 700.3987 (summary administrative proceedings by a personal representative)
  • MCL 700.1302(a)(v) (probate court has exclusive jurisdiction over determination of heirs)
  • MCL 700.3412 (formal testacy order determining heirs; finality)
  • MCL 565.451a (recordable affidavit may state death, heirship, family history affecting real property title)
  • MCL 565.453 (such affidavit is only prima facie evidence of the facts stated - it does not convey title)
  • MCL 257.236(2) (Secretary of State vehicle title transfer to surviving spouse/heir without letters)
  • MCL 700.2103 (order of heirs referenced by MCL 257.236(2))

What we're less sure about

  • The $53,000 figure for 2026 deaths (and $51,000 for 2025 deaths) is sourced from Michigan Legal Help, a legal-aid nonprofit, NOT from the Michigan Department of Treasury's own annual COLA publication. michigan.gov returned HTTP 403 to every automated fetch attempt, so the primary indexed figure could not be confirmed at the source. The statutory BASE ($50,000) and the indexing mechanism are verified primary text and are certain; only the published multiplier/product is second-hand. Confirm against Treasury's published EPIC cost-of-living table before shipping the number.
  • The product must implement the year-of-DEATH rule, not year-of-filing. A single stored 'current threshold' value will produce wrong answers for any death in a prior year. A year-indexed table is required: 2024 = $50,000; 2025 = $51,000 (verify); 2026 = $53,000 (verify); pre-2024 deaths use the OLD $15,000-indexed base, roughly $27,000-$28,000. Those legacy figures were NOT researched here and must be sourced separately before serving users with older deaths.
  • Whether an existing will must be filed/deposited with the probate court before using PC 598 was not resolved. MCL 700.3983 does not require it and PC 598 simply offers a 'devisee under the will dated ___' checkbox, but Michigan's separate will-deposit duty (EPIC provisions requiring a custodian to deliver a will to the court) was not researched and may create an independent obligation. Confirm before advising testate users.
  • The Secretary of State vehicle certification form number 'TR-29 (Certification from the Heir to a Vehicle)' was NOT independently verified, michigan.gov blocked retrieval. The MCL 257.236(2) statutory substance and dollar tiers ARE verified via FindLaw's reproduction of the statute.
  • The 2026 indexed dollar ceiling for the MCL 257.236(2) SOS vehicle transfer was not retrieved; only the $100,000 figure for 2024-2025 and the fact that CPI indexing begins in 2026 (Treasury publishes by Sept 1 of the prior year) are established.
  • MCL 565.451a and 565.453 were read via FindLaw's reproduction, not the legislature's own site (legislature.mi.gov served CAPTCHA challenges after repeated requests). The quoted MCL 565.453 language 'shall be prima facie evidence of the facts and circumstances therein contained' should be re-verified against the official MCL text, since the evidence-vs-conveyance distinction is the highest-liability point in this record.
  • The exact probate court filing fee for PC 556 and the current MCL 600.871 estate inventory fee schedule were not verified.
  • MCL 700.3983 is silent on whether a bank may demand a CERTIFIED (rather than photocopied) death certificate and on how institutions should treat an affiant who is one of several heirs. In practice many Michigan institutions impose internal requirements beyond the statute; MCL 700.3982(4)'s anti-steering rule addresses forced choice of procedure but does not by its terms police documentary demands.
  • No Michigan authority was located establishing a maximum time limit after death for using the PC 598 affidavit; the practical limit is the MCL 700.3983(1)(c) bar once a personal representative is appointed.

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