Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation.
Michigan law does not provide a formal “affidavit of heirship” for transferring all assets of a decedent. Instead, you can use a small estate affidavit under the Estates and Protected Individuals Code (EPIC) to transfer personal property when the decedent’s estate meets certain requirements. For estates that exceed the small-estate threshold or that include real property, you must open a probate case in the county where the decedent lived.
1. Confirm Eligibility
- Decedent died intestate (without a will) in Michigan.
- Total value of personal property (excluding real estate) does not exceed the current small-estate limit (see MCL 700.2801).
- Funeral expenses and reasonable medical bills have been paid or will be paid from the estate.
2. Identify Heirs
Under Michigan’s intestate succession rules (MCL 700.2103), heirs can include a surviving spouse, children, parents, and siblings, depending on who survives the decedent. Create a list showing each heir’s full name, address, and relationship to the decedent.
3. Draft the Small Estate Affidavit
The affidavit must include:
- Decedent’s full name, date of death, and last Michigan residence.
- Statement that no personal representative has been appointed.
- Itemized list of personal property and its fair market value.
- Attestation that the estate meets the small-estate requirements under MCL 700.2801.
- Names, addresses, and signatures of all heirs.
4. File with Probate Court
Submit the completed affidavit and a certified copy of the decedent’s death certificate to the clerk of the probate court in the county where the decedent resided. Pay any required filing fee.
5. Obtain Court Order
If the court approves your affidavit, it will issue an order directing the distribution of personal property to the heirs. Provide the court order to any institution or person holding decedent’s assets to effect the transfer.
6. Transfer of Property
Use the court order and the affidavit to claim bank accounts, vehicles, and other personal assets. Institutions often require a certified copy of the order and a copy of the affidavit.
When Real Property Is Involved
Real estate cannot transfer via a small estate affidavit. You must open a full probate estate under EPIC (see MCL 700.3401). The court will appoint a personal representative who can sell or distribute real property according to intestate succession rules.
Helpful Hints
- Double-check current small estate thresholds before drafting the affidavit.
- Gather certified death certificates—many institutions require originals.
- Prepare a detailed property list to avoid disputes among heirs.
- File early: courts can require notice to creditors before distribution.
- Consider consulting a probate attorney if the estate includes real property or complex assets.