How to submit an affidavit accounting for personal property in a small estate case — Michigan

This FAQ-style article explains, in plain language, how to prepare and submit an affidavit accounting for personal property in a Michigan small estate case. It assumes no prior legal knowledge. This is educational only and is not legal advice; consult a licensed Michigan probate attorney for advice about your situation.

Quick answer

In Michigan, a person entitled to collect a decedent’s personal property may often use a small‑estate affidavit or similar sworn statement to collect assets (for example, bank accounts, vehicles, tangible personal property) without opening a full probate estate. To do this you must confirm you meet the small‑estate eligibility rules, prepare an affidavit that names the decedent, lists the personal property and values, states your relationship and entitlement, sign it under oath, have it notarized, and present it to the holder of the property (bank, storage company, etc.) or file it with the probate court if required by the holder. Attach a certified copy of the death certificate and any required identity documents.

Detailed Answer — Step-by-step under Michigan practice

1. Confirm a “small estate” process applies to your situation

States set limits and rules about when simplified collection methods apply. In Michigan, simplified procedures exist for collecting personal property when a full probate administration is unnecessary. Before preparing an affidavit, check whether the asset holder accepts a small‑estate affidavit or whether the probate court requires a filed document. Common restrictions include:

• The procedure typically covers only personal property (bank accounts, personal effects, vehicles), not real estate.
• Some financial institutions or agencies have their own dollar limits and form requirements.
• If the decedent left a will or there is a dispute among heirs, a court may require formal probate.

For official Michigan materials and forms, see the Michigan Courts probate forms page: Michigan Courts — Probate Forms. For law and statutes governing estates generally, consult the Michigan Legislature site: Michigan Legislature.

2. Identify who may make the affidavit

Typically the person entitled to the property — the surviving spouse, beneficiary, or next of kin under Michigan succession rules — signs the affidavit. If multiple people are entitled, all may need to sign or you may need a court order. If you are uncertain whether you are the person entitled to the property, consider obtaining a brief consultation with a probate attorney.

3. Gather required documents and information

Before drafting the affidavit, collect:

• Certified copy of the decedent’s death certificate.
• Decedent’s full legal name, date of death, and last address.
• List of personal property items and the holder (bank name and account number, vehicle title, etc.).
• Values for each item (reasonable fair‑market or account balance).
• Documentation of your identity and relationship (ID, marriage certificate if spouse).
• Any original or certified copies of a will, if one exists.

4. Draft the affidavit — what to include

An affidavit accounting for personal property should be a clear sworn statement that typically includes:

1. The affiant’s (your) full name, address, and relationship to the decedent.
2. The decedent’s full name, date of death, and last residence.
3. A statement that the decedent is deceased and that you are entitled to collect the property listed under Michigan law or under the decedent’s will.
4. A complete listing of each item of personal property being claimed, the holder of the item (bank, storage facility, person), and the value of each item or account balance.
5. A statement that to your knowledge there are no pending probate proceedings that would prevent collection (or, if there are, describe them).
6. A statement that you will use collected funds or property only for authorized distributions and will notify the court and creditors if required.
7. An oath clause and signature block for the affiant to sign before a notary public.

Some institutions require their own affidavit form or will not accept a general affidavit. Use the institution’s required form if supplied.

5. Notarize and attach supporting documents

Michigan institutions and courts generally require an affidavit to be notarized. Attach a certified death certificate and copies of ID. If the holder asks for originals (e.g., title transfer), ask whether they will return originals after processing or whether certified copies are acceptable.

6. Submit the affidavit to the property holder or the probate court

Which action you take depends on the holder’s policy:

• If a bank or other institution accepts the affidavit, present the notarized affidavit and attachments. The institution will follow its internal review before releasing funds or property.
• If the holder requires a court‑filed affidavit or a court order, file the affidavit with the local probate court and follow the court’s filing and service rules. The Michigan Courts website lists local probate court contact information and filing instructions: Michigan Courts.

7. Accounting and distribution responsibilities

When you collect the decedent’s property, you generally must:

• Pay funeral expenses, last medical bills, and other allowed administrative claims (if applicable and if you have funds available).
• Distribute remaining property to lawful heirs or beneficiaries per the decedent’s will or the Michigan intestacy rules.
• Keep records and receipts for all transactions, because the probate court or heirs may later request an accounting.

8. When to file formal probate instead

Do not use a small‑estate affidavit if:

• The estate holds significant assets (especially real property) or complex debts.
• There is a will contest or competing claims among heirs.
• A holder refuses to release property without court supervision.

In those cases, opening a formal probate estate in the probate court provides legal authority and protection for distributing assets.

Hypothetical example

Jane is the surviving spouse of John, who died leaving a checking account with $4,200 and a vehicle titled in his name. Jane gathers John’s death certificate, her ID, and the bank statement and vehicle title. She prepares a notarized affidavit that names John, lists the checking account and the vehicle (including VIN), states she is John’s spouse and sole heir, and attaches the death certificate. Jane presents the affidavit and attachments to the bank and the Secretary of State (for title transfer). The bank accepts the affidavit and releases the account balance. The Secretary of State accepts the affidavit and Jane transfers the title into her name after paying the required fees.

Helpful Hints

• Contact the holder (bank, lender, or agency) before drafting the affidavit to learn whether they accept a general small‑estate affidavit or require a specific form.
• Always bring a certified copy of the death certificate—many institutions will not accept a photocopy.
• Use clear item descriptions (account numbers, property identification numbers, vehicle VIN) so the holder can verify the items quickly.
• Get the affidavit notarized and bring a government ID when presenting it.
• Keep a copy of every affidavit and all receipts for distributions—this protects you if heirs or creditors later question the accounting.
• If a bank refuses your affidavit, ask whether they will accept a certified court order from the local probate court and what the court’s filing requirements are.
• When in doubt about entitlement, competing heirs, or creditor issues, seek a short consultation with a probate attorney — a small fee can prevent larger disputes.
• Use official Michigan probate resources for forms and instructions: Michigan Courts Probate Forms: https://courts.michigan.gov/Administration/SCAO/Forms/Pages/Probate-Forms.aspx.

Where to get more information and local help

Useful Michigan resources:

• Michigan Courts (probate information and court locations): https://courts.michigan.gov/
• Michigan State Legislature (laws governing estates and probate): https://www.legislature.mi.gov/

Reminder: This article is educational only and does not constitute legal advice. If your situation involves significant assets, disputes, or uncertain entitlement, consult a licensed Michigan probate attorney for guidance specific to your case.