Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Michigan Small Estate Affidavit Overview
In Michigan, heirs can avoid full probate by using a small estate affidavit under Michigan’s Estates and Protected Individuals Code (EPIC). If a decedent’s personal property subject to probate totals $30,000 or less, an heir may present an affidavit to collect and distribute assets without appointing a personal representative. See MCL 700.2114 for eligibility and procedure: MCL 700.2114.
Detailed Answer
- Confirm Eligibility
- The total value of personal property subject to probate (bank accounts, stocks, vehicles, household goods) must not exceed $30,000. Excluded assets include real estate and property held in joint tenancy or payable-on-death accounts.
- No application for appointment of a personal representative has been granted, and the time for filing such an application has expired.
- Identify Heirs and Property
- List all heirs as defined by Michigan’s intestate succession rules if there is no will. See MCL 700.2103 for the order of distribution.
- Prepare a detailed inventory of each asset, its location, custodian (e.g., bank, DMV), and fair market value.
- Obtain the Michigan Small Estate Affidavit Form
- Many county probate courts provide a template affidavit. You may also draft one, but it must include all statutory elements under MCL 700.2114(1): decedent’s information, a list of assets, value totals, heir names, relationship, and a statement that no administration is pending.
- Wait for the Mandatory Period
- Under EPIC, you must wait at least 28 days after the last published notice to creditors or until the period for filing creditor claims has expired before using the affidavit.
- Sign, Notarize, and File or Present
- All affiants must sign before a notary public. You do not file the affidavit in probate court unless the court or a custodian requires filing. Instead, submit the notarized affidavit directly to each custodian holding the asset.
- Collect and Distribute Assets
- Once custodians accept the affidavit, they must release assets to the affiant(s). The affiant then distributes assets to heirs according to the intestacy schedule or the terms of a valid will.
- Maintain records of receipts, distributions, and any asset remainders held for creditors or unknown heirs.
- Resolve Creditor Claims
- Creditors may still file valid claims within six months of the decedent’s death. Any undistributed cash or assets must be held until creditor claims resolve.
Helpful Hints
- Double‐check asset values and exclude jointly held property.
- Use certified copies of the death certificate when obtaining the affidavit form.
- Inform all heirs in writing of the small estate process and distribution plan.
- Keep clear records of all transactions to avoid future disputes.
- If assets exceed $30,000 or real property is involved, consider formal probate or consult an attorney.