Short answer

Yes — in Michigan there is a simplified affidavit process that can let certain heirs or beneficiaries collect a decedent’s personal property without opening a full probate estate. That process is limited in scope (usually only for certain personal property and subject to statutory limits), has specific eligibility requirements, and won’t work in every case. If the decedent owned real estate alone, the estate has unresolved creditor issues, or the asset values or ownership are unclear, formal probate is often required.

Disclaimer

This article explains general Michigan law and common practice. It is educational only and not legal advice. For decisions that affect rights, consult a licensed Michigan probate attorney or the local probate court.

Detailed answer — how the Michigan affidavit process works and when it can replace probate

Michigan law provides simplified procedures that let a person (typically an heir or other claimant) use a sworn affidavit to collect certain decedent assets without appointing a personal representative and opening a full probate estate. These procedures are intended for limited situations where the estate contains only a small amount of probate assets or only personal property that can be handed over by banks, title companies, or other holders after seeing the affidavit and identification.

Key points to determine eligibility and whether a small estate affidavit can replace formal probate:

• Type of property: Affidavits normally cover personal property (bank accounts, small tangible items, some vehicles) that is in the decedent’s name alone. Many nonprobate assets (joint accounts, transfer-on-death/payable-on-death accounts, life insurance with a named beneficiary, retirement accounts, property held jointly with rights of survivorship) pass outside probate and do not require an affidavit or probate to transfer.
• Real estate: A small estate affidavit usually cannot clear title to real property. If the decedent owned real estate in their sole name, a probate estate (or separate quiet-title or other court action) is commonly required.
• Creditor issues and creditor notice: Formal probate includes creditor notice and a process for paying claims. If there are known debts, potential creditors, or complicated creditor claims, a full probate helps handle those matters. Using an affidavit bypasses administration and may expose the person who accepts assets to liability if creditors later assert valid claims.
• Value limits and statutory conditions: Michigan’s simplified procedures apply only when statutory conditions are met (for example limited value of probate assets or limited categories of property). Confirm the current statutory requirements and dollar thresholds with the probate court or an attorney before relying on an affidavit.
• Who can use the affidavit: The person presenting the affidavit must generally swear to their right to the property (as a surviving spouse, heir, or other lawful claimant). They must include facts such as date of death, relationship, and a description and value of the property being collected.

Typical steps when using a small estate affidavit in Michigan:

1. Inventory assets: Identify which assets are probate assets (in the decedent’s sole name) and which are nonprobate. Nonprobate assets usually transfer without probate.
2. Confirm eligibility: Check whether the assets you want to collect fall within the types and value limits allowed for an affidavit under Michigan practice. Contact the local probate court or review guidance at Michigan courts and Michigan Legal Help.
3. Prepare an affidavit: Use the court-developed affidavit form or draft a sworn statement that includes required facts: decedent’s name, date of death, your identity and relationship, description and value of each item you seek, and a statement that no administration is pending (or that you are the person entitled under intestacy).
4. Notarize and present to holders: Sign the affidavit before a notary and present it to the bank, custodian, or holder of the property. Institutions have discretion to accept or refuse an affidavit; many have their own policies and may require additional documents (death certificate, ID, proof of relationship, bond, or a court letter).
5. Wait for or provide creditor notice if required: Some simplified processes require a waiting period or notice to creditors before distribution. Confirm the local requirement to reduce risk of later claims.
6. Record or title steps for vehicles: For motor vehicles, the Secretary of State (or local motor vehicle office) may have specific forms and requirements to retitle a vehicle after death; an affidavit alone might not be sufficient.

Hypothetical example

Jane’s father died intestate. He had a checking account with $3,000, personal effects, and a car titled in his name only. He owned no real estate and had no known creditors. Jane is the sole statutory heir. Jane confirms the bank accepts an affidavit, completes the sworn affidavit describing the bank account and the car, has it notarized, and provides a certified death certificate. The bank releases the funds after reviewing the affidavit and verifying its internal policies; the motor vehicle office accepts the affidavit plus the required title documents and issues a new title in Jane’s name. Because the estate has only modest personal property and no creditors, Jane did not open formal probate.

When an affidavit will not work — common red flags

• There is real property in the decedent’s sole name.
• Unpaid debts or likely creditor claims.
• Multiple competing heirs or disputes about entitlement.
• The value of probate assets exceeds the statutory limit for affidavit procedures.
• A financial institution or title agency refuses to accept the affidavit.

Where to find the forms and authoritative guidance

• Michigan Courts — Probate forms and local court contact information: https://courts.michigan.gov/Administration/SCAO/Forms/Pages/Probate-Forms.aspx
• Michigan Legal Help — practical guidance on probate, small estates, and what to do after a loved one dies: https://michiganlegalhelp.org/
• Local county probate court — rules, local forms, filing procedures, and whether your court enforces a particular affidavit form or waiting period. Use the courts page above to find the probate court phone number and clerk’s office.

Helpful hints

• Identify nonprobate assets first. Retirement accounts, life insurance with beneficiaries, and property held jointly often pass without probate.
• Call the bank or holder before preparing an affidavit. Institutions have different requirements; getting their checklist in advance saves time.
• Get a certified copy of the death certificate — institutions typically require it.
• Keep records. Save copies of the affidavit, communications, and receipts to show later if a creditor or co-heir questions the transfer.
• If there is any dispute among heirs or uncertainty about assets or debts, involve the probate court or a lawyer. An attempted informal collection can lead to liability if another party later establishes a competing right.
• When in doubt, consult the local probate court clerk or a probate attorney. Small estates can become complex when claims arise, property titles are unclear, or multiple states are involved.

Bottom line

Michigan’s affidavit process can be a practical and quicker way to collect small amounts of a decedent’s personal property without formal probate, but it is limited in scope and subject to statutory and institutional conditions. Confirm the type and value of assets, check local probate court guidance and institutional policies, and consider a short consultation with a Michigan probate attorney if there are any doubts about creditor exposure, real property, or competing heirs.