What are Michigan’s small estate affidavit rules?
Michigan calls it collection of personal property by sworn statement (MCL 700.3983), and the court form is PC 598, the Affidavit of Decedent’s Successor. The statute sets a $50,000 base that’s adjusted each year for the year of death: $53,000 for deaths in 2026, net of liens. The estate can’t include real estate, and no one can have applied to be personal representative.
Sources: MCL 700.3983, Collection of personal property by sworn statement, checked October 19, 2026; Estates and Protected Individuals Code Cost-of-Living Adjustments, January 30, 2026, checked October 19, 2026; PC 598, Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent, checked October 19, 2026; MCL 700.3984, Effect of sworn statement, checked October 19, 2026; MCL 700.3982, Small estates; assignment by the court, checked October 19, 2026.| Rule | Michigan |
|---|---|
| Dollar limit | $53,000 for deaths in 2026 ($50,000 base, adjusted yearly), net of liens and encumbrances |
| Waiting period | 28 days after the death |
| Where it goes | Straight to the bank or other holder, with the death certificate. Not filed with a court |
| Official form | PC 598, Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent |
| Signing | Sworn before a notary (electronic or remote notarization allowed). No witnesses |
| Real estate | Can’t pass by this affidavit. A probate court petition (MCL 700.3982) covers some small estates with real estate |
What will Kin Papers fill in for Michigan?
Kin Papers is building a Michigan file that fills in PC 598 from your answers, writes the letters banks, Social Security and the credit bureaus ask for, prepares IRS Form 56, and keeps a dated tracker of the 28-day wait and the deadlines after it. It won’t file anything for you or give legal advice.
Join the Michigan waitlist
We’re building Michigan’s small-estate form filled in from your answers, with the letters, IRS Form 56 and a deadline tracker. Join the waitlist and we’ll email you the day it opens.
Who can sign a Michigan small estate affidavit?
The successor, or someone acting for the successor, signs it. Form PC 598 lists who that can be: the surviving spouse, an adult child, another heir, someone named in the will, or the fiduciary of an heir or devisee who has a legal incapacity. It’s signed under oath before a notary, and the form warns that a false statement can be prosecuted as perjury.
What does the affidavit have to say?
MCL 700.3983 lists what the signer swears to:
- At least 28 days have passed since the death.
- The estate has no real estate and is worth no more than the year’s limit ($53,000 for deaths in 2026), net of liens.
- No one has applied or petitioned to be personal representative, in any state.
- The signer is entitled to the property.
- The name and address of everyone else entitled to a share, and the share each one gets.
A copy of the death certificate goes with it. Form PC 598 adds one more statement: no petition for assignment has been filed with a court.
Where do you get the official form?
The State Court Administrative Office publishes form PC 598 as a fillable PDF. The statute tells SCAO to make a standard form available, so banks in Michigan see the same document.
What protects a bank that accepts it?
Under MCL 700.3984, a holder that pays or delivers property on the sworn statement is released as if it had dealt with a personal representative. MCL 700.3982 also says only the court, not the bank, can require one small-estate procedure over the other.
What if the estate is over the limit or includes a house?
Then the sworn statement isn’t available. MCL 700.3982 lets the probate court assign a small estate, which can include real estate, after funeral and burial costs. Larger estates go through probate. The probate court’s clerk can explain the filings, and a lawyer can advise on your situation.
Is Kin Papers a law firm?
No. Kin Papers isn’t a law firm and doesn’t give legal advice. This page explains what Michigan’s statute and court form say, with links to each. It doesn’t say whether the affidavit fits your parent’s estate.
Common questions about small estates in Michigan
What is the Michigan small estate affidavit limit in 2026?
$53,000 for a death in 2026. MCL 700.3983 sets a $50,000 base that’s adjusted under MCL 700.1210 for the year of death, and the Michigan Department of Treasury published $53,000 for 2026 (it was $51,000 for 2025). Form PC 598 still prints the $50,000 base.
How long do you have to wait in Michigan?
28 days after the death. The statute opens with “After 28 days after a decedent’s death,” and the affidavit asks the signer to swear that 28 days have passed.
Do you file a Michigan small estate affidavit with the probate court?
No. MCL 700.3983 has the successor present the sworn statement and the death certificate to whoever holds the property, such as the bank. Under MCL 700.3984, a holder that pays on the statement is released as if it had paid a personal representative.
Can a house pass by small estate affidavit in Michigan?
No. The estate can’t include any real property. MCL 700.3982 is a separate probate court petition for small estates, which can include real estate.