Detailed Answer — Which assets to list on a Michigan small‑estate affidavit

Under Michigan law, a small‑estate affidavit (sometimes used to collect personal property of a deceased person without a full probate) should accurately identify the assets you are trying to collect and the assets that are actually part of the decedent’s probate estate. The core rule is simple: list the assets that are owned by the decedent and are subject to collection through the affidavit. Do not rely on leaving lines blank or putting zeros to avoid disclosing assets; instead describe each item and whether it is subject to the affidavit or not.

Start with the purpose: what the affidavit is meant to collect

A small‑estate affidavit is typically used to transfer or collect personal property that is owned solely by the decedent and that does not pass automatically to someone else by law or contract. Examples include:

• Bank or credit union accounts titled solely in the decedent’s name (no payable‑on‑death or joint owner).
• Personal property such as household goods, jewelry, and small valuable items.
• Motor vehicles titled only to the decedent (but check for liens or transfer rules).

It does not generally apply to property that already transfers by operation of law or contract (see next section).

Do NOT list (or mark as subject to the affidavit) assets that pass outside probate

These items typically are not part of the probate estate and should not be represented as assets for collection through a small‑estate affidavit. Instead, note them as “passes outside probate” or similar so a court or third party reviewing the affidavit understands why they are not being claimed there:

• Joint tenancy property with right of survivorship (real estate or bank accounts held jointly).
• Accounts with a payable‑on‑death (POD) or transfer‑on‑death (TOD) designation, or accounts with named beneficiaries.
• Life insurance proceeds payable to a named beneficiary.
• Retirement accounts (IRAs, 401(k)s) with designated beneficiaries.
• Property held in a trust (trust assets are administered by the trustee).

How to treat assets you suspect exist but don’t know value or details of

• If you know an asset exists but don’t know account details or value, disclose what you know (e.g., “Decedent had a bank account at ABC Bank; last known balance unknown; no beneficiary listed to affiant”).
• If you later discover additional assets, do not try to hide them—notify the party that relied on the affidavit or consult the probate court. Failing to disclose can create personal liability.

When to put zero, a value, or leave a field blank

• Value: Where the form asks for value, provide your best good‑faith estimate of fair market value as of the date of death. For bank accounts, list the approximate balance at death or the balance at the time you checked (note the date).
• Zero value: Only enter “0” when the property truly has no value (e.g., an old appliance beyond repair). If an asset had value at death but later was lost or consumed (sold, spent on funeral), explain briefly (e.g., “Proceeds spent on funeral — none remaining”).
• Do not leave required fields blank: If the affidavit asks for a description or value, fill it in. If truly unknown, write “unknown” and explain why you cannot determine the number (e.g., bank closed records). Blank fields invite questions and may lead a payor to refuse transfer.

Describe liens and encumbrances

If an asset is subject to a mortgage, lien, loan, or secured debt, note that fact and, if possible, provide the lienholder and approximate outstanding balance. Many banks and title companies will not transfer property if there is a lien that must be satisfied.

Practical checklist for preparing the affidavit

• Gather documents: death certificate, deeds, vehicle titles, bank statements, account statements, insurance policies, and any beneficiary designations.
• Identify asset ownership and how each asset transfers: sole title, joint tenancy, named beneficiary, trust, or otherwise.
• For each asset you intend to claim, list: institution or holder name, last 4 digits of account or VIN, description, and estimated value.
• For assets that are not part of probate, list them with a short note (e.g., “life insurance — beneficiary named: Jane Doe”).
• Attach copies of supporting documents (statements, title pages, death certificate) when the form asks or when submitting to a bank or motor vehicles office.

Consequences of omission or incorrect entries

Failing to list assets or misrepresenting values can create liability for the person submitting the affidavit. A payor (bank, title company) may refuse to honor an affidavit that seems incomplete or inconsistent. If someone later shows a superior right to an asset, you might be required to return property or could face legal claims.

Where to get Michigan forms and law references

Michigan’s probate laws and specific procedures are in the Estates and Protected Individuals Code (EPIC), which is chapter 700 of the Michigan Compiled Laws. For an overview of probate law, see Michigan Legislature — Chapter 700: https://www.legislature.mi.gov/mileg.aspx?page=Chapter&chapter=700.

For court forms and guidance about probate procedures (including affidavits and collection of simple personal property), see the Michigan Courts/State Court Administrative Office resources and probate form listings: https://courts.michigan.gov/Administration/SCAO/Pages/Forms/Probate-Forms.aspx.

When to consult a probate attorney or the court

Consult an attorney when:

• The estate includes real estate, large sums, or complicated assets (business interests, retirement accounts without clear beneficiaries).
• There are likely claims or disputes among heirs or creditors.
• You are unsure whether an item passes outside probate or whether the affidavit procedure is appropriate.

Helpful Hints

• Always be transparent: list each asset you know about and indicate whether it’s subject to probate or passes to a beneficiary.
• Provide identifying details: account holder, institution name, last 4 digits, VIN, and location of physical property.
• Estimate values honestly. If you don’t know, write “unknown” and explain why instead of leaving it blank.
• Attach supporting docs: death certificate, account statements, titles, beneficiary forms — those speed up acceptance.
• When in doubt, ask the probate clerk at the local court which form to use and what they require; courts often have local practices.
• Keep a copy of every affidavit and attachments you submit and note the date you provided them to the institution or court.
• If a bank or other holder refuses your affidavit, ask for a written reason; that will help you decide whether to file formal probate or hire a lawyer.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Michigan probate attorney or the local probate court.