How to Avoid Probate in Michigan
The legal ways to pass property outside probate in Michigan: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: Non-probate options include: a revocable living trust (MCL 700.7602); securities registered in transfer-on-death (beneficiary) form (MCL 700.6302); jointly titled vehicles with 'full rights to survivor'; MCL 700.7602, 700.6302, 257.236, 700.3983
| Ways to avoid probate | Non-probate options include: a revocable living trust (MCL 700.7602); securities registered in transfer-on-death (beneficiary) form (MCL 700.6302); jointly titled vehicles with 'full rights to survivor'; transfer of vehicles by a surviving spouse or heir without probate when no other property requires letters and the vehicles' total value is within the MCL 257.236 limit; and small estate procedures (affidavit of decedent's successor and summary assignment, MCL 700.3983, 700.3982). |
|---|---|
| Small estate affidavit | If the estate contains no real property and its value, minus liens and encumbrances, does not exceed $50,000 (adjusted each year for inflation), a successor may collect the decedent's money, tangible personal property, debts owed, and securities by giving the holder a sworn statement and a copy of the death certificate. At least 28 days must have passed since death, and no personal representative may have been appointed or applied for in any jurisdiction. The court's form is PC 598. The $50,000 base was set by 2024 PA 1 (effective Feb. 21, 2024) and is multiplied by the Treasury cost-of-living factor for the year of death, rounded to the nearest $1,000. Use the figure for the year the person died. Source: MCL 700.3983; MCL 700.1210 |
More Michigan estate law
- Medical Power of Attorney in Michigan
- Small Estate Affidavit in Michigan
- Power of Attorney in Michigan
- Quitclaim Deeds and Transferring Property in Michigan
- Who Inherits If You Die Without a Will in Michigan
- How to Make a Valid Will in Michigan
- How Probate Works in Michigan
- Living Wills and Advance Directives in Michigan
- Revocable Living Trusts in Michigan
- Executor Duties in Michigan
- Letters Testamentary in Michigan
- Affidavit of Heirship in Michigan
- Transferring a Car After Someone Dies in Michigan
- All Michigan wills, probate and estate rules
FAQ
How can you avoid probate in Michigan?
Non-probate options include: a revocable living trust (MCL 700.7602); securities registered in transfer-on-death (beneficiary) form (MCL 700.6302); jointly titled vehicles with 'full rights to survivor'; transfer of vehicles by a surviving spouse or heir without probate when no other property requires letters and the vehicles' total value is within the MCL 257.236 limit; and small estate procedures (affidavit of decedent's successor and summary assignment, MCL 700.3983, 700.3982).
What is the small estate limit in Michigan?
If the estate contains no real property and its value, minus liens and encumbrances, does not exceed $50,000 (adjusted each year for inflation), a successor may collect the decedent's money, tangible personal property, debts owed, and securities by giving the holder a sworn statement and a copy of the death certificate. At least 28 days must have passed since death, and no personal representative may have been appointed or applied for in any jurisdiction. The court's form is PC 598.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.