Detailed Answer: Documents Needed for a Michigan Small Estate Affidavit
Under Michigan law, a small estate affidavit lets eligible heirs collect certain assets without formal probate when the decedent’s personal property totals $25,000 or less (excluding certain vehicle and household goods exceptions). See Michigan Estates and Protected Individuals Code (EPIC) §700.3813: MCL 700.3813. To prepare and file the affidavit, gather these documents:
1. Certified Death Certificate
You must obtain one or more certified copies of the decedent’s death certificate from the Michigan Vital Records Office. Third parties (banks, title offices) often require their own certified copy.
2. Statutory Small Estate Affidavit Form
Use Michigan Supreme Court Form PC-576 (“Affidavit for Collection of Property Under MCL 700.3814”). Download from the Michigan Courts website: Probate Forms. Complete every section accurately.
3. Asset Inventory and Valuation
Prepare a detailed list of all personal property (bank accounts, investment accounts, vehicles, household goods). Show current balances or fair market values. The total must not exceed $25,000.
4. Supporting Financial Documents
Collect recent statements or account ledgers verifying asset values. For vehicles, include the title or registration showing the vehicle’s value.
5. Proof of Heirship or Relationship
Provide documents showing your legal right to claim assets, such as marriage certificates, birth certificates, or an affidavit of heirship if needed.
6. Personal Identification
Include a copy of your government-issued photo ID (driver’s license or passport) to verify your identity when you sign the affidavit.
7. Creditor Notice
Under EPIC §700.3814, you must notify known creditors. Prepare a list of creditor names and addresses. Michigan law requires you to certify that you mailed notices to each creditor.
8. Notarization
Sign the affidavit in front of a notary public. The notary will confirm your identity and witness your signature.
After notarization, you may file the affidavit with the local probate court or present it directly to institutions holding the decedent’s assets. Keep certified copies of the filed affidavit for your records.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney for legal guidance.
Helpful Hints
- Order multiple certified death certificates—courts and institutions each require originals.
- Verify the current small estate threshold; Michigan law may change values.
- Use the official PC-576 form; do not draft your own affidavit.
- File any creditor notices by certified mail and retain receipts as proof.
- Contact your county probate court to confirm filing fees and local rules.
- If estate assets exceed the threshold or if disputes arise, consider formal probate and seek legal counsel.