Question 1

What is the small estate limit in Michigan?

Accepted Answer

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.

Question 2

Is there a simplified probate process in Michigan?

Accepted Answer

For a gross estate of $50,000 or less (adjusted each year for inflation), the probate court may, without full administration, order the property used first to pay funeral and burial expenses and then turned over to the surviving spouse or, if none, the heirs. For deaths on or after Jan. 1, 2024, debt on encumbered real property (up to $250,000, also inflation-adjusted) is subtracted when valuing the estate. Heirs other than a qualifying spouse or minor children remain liable for the decedent's unpaid debts, up to what they receive, for 63 days after the order.

Question 3

How long do creditors have to file claims against an estate in Michigan?

Accepted Answer

Claims that arose before death must be presented within 4 months after the notice to creditors is published. A known creditor has until the later of 4 months after publication or 1 month after the mailed notice is sent. If the required notice was not given, claims are barred 3 years after death. Claims arising at or after death generally must be presented within 4 months after they arise (or within the 4-month period, if later).

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
Simplified probate	For a gross estate of $50,000 or less (adjusted each year for inflation), the probate court may, without full administration, order the property used first to pay funeral and burial expenses and then turned over to the surviving spouse or, if none, the heirs. For deaths on or after Jan. 1, 2024, debt on encumbered real property (up to $250,000, also inflation-adjusted) is subtracted when valuing the estate. Heirs other than a qualifying spouse or minor children remain liable for the decedent's unpaid debts, up to what they receive, for 63 days after the order. Source: MCL 700.3982; MCL 700.1210
Deadline for creditor claims	Claims that arose before death must be presented within 4 months after the notice to creditors is published. A known creditor has until the later of 4 months after publication or 1 month after the mailed notice is sent. If the required notice was not given, claims are barred 3 years after death. Claims arising at or after death generally must be presented within 4 months after they arise (or within the 4-month period, if later). Liens such as mortgages, and claims covered by liability insurance up to the policy limits, are not cut off by these deadlines. Source: MCL 700.3803; MCL 700.3801

Small Estate Affidavit in Michigan

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