Detailed Answer — Using Michigan’s small estate affidavit to claim a deceased parent’s bank account

Disclaimer: This is educational information and not legal advice. For specific legal advice tailored to your situation, consult a licensed Michigan attorney or the local probate court.

What a small estate affidavit is (in plain language)

An affidavit for collection of personal property (often called a “small estate affidavit”) is a sworn statement you can use to collect certain types of personal property — like a bank account — from a financial institution without opening a full probate estate. Michigan probate courts and banks commonly accept these affidavits when the estate meets the court’s eligibility rules and the institution’s requirements.

Typical scenario — a simple example

Example: Your father died owning a single bank account with $10,000. He left no will, and you are his only surviving child and heir. The bank asks for documents to release the funds. You can often prepare and submit a small estate affidavit, attach a certified copy of the death certificate, and present identification and any required bank forms. If the bank accepts the affidavit, it will pay the account balance to you without formal probate.

Who can use a small estate affidavit in Michigan

Eligibility depends on the type and value of the assets and the identity of the claimant. In Michigan, people commonly use an affidavit when the asset is personal property (not real estate) and the claimant is an heir or otherwise entitled to the property (for example, by being named beneficiary or joint owner). Each bank may have its own threshold and internal rules; many institutions accept affidavits for smaller account balances.

Common limits and institution policies

Michigan law provides mechanisms for collection of personal property without full probate, but banks differ in what they will accept. Some banks will accept an affidavit for relatively small balances; others set their own limits. If the bank refuses the affidavit, you may need to open a formal probate or ask the probate court for instructions. Always check the bank’s policy and your county probate court’s guidance before preparing documents.

Step-by-step: How to use a small estate affidavit to claim a bank account in Michigan

1. Gather the basics before you prepare anything: certified copy of the death certificate; the decedent’s photo ID (if available); the decedent’s account information (account number, bank branch); and your ID and proof of relationship (birth certificate, family record, or other documents).
2. Confirm whether the account is payable-on-death (POD) or joint: If the account names a POD beneficiary or a surviving joint owner, the bank typically releases funds to that person without an affidavit. If the account is solely in your father’s name, proceed with the affidavit route.
3. Contact the bank. Ask what documents they require to release funds when the owner dies. Ask explicitly whether they accept the Michigan probate small estate affidavit (sometimes called an “Affidavit for Collection of Personal Property” or a county-specific form) and whether they have an internal dollar limit.
4. Obtain the correct affidavit form. Michigan probate courts provide forms and guidance for collecting personal property after a death. Many counties use a standard affidavit form. You can start at Michigan Courts’ probate forms page for the correct form and instructions: https://courts.michigan.gov/administration/probate-court/forms/
5. Complete the affidavit. Typical information asked for includes the decedent’s name, date of death, account description and balance, your relationship to the decedent, a statement that no probate administration is pending (or if one is pending, the court file number), and a sworn statement that the information is true.
6. Sign before a notary public. The affidavit must be sworn and notarized. Many banks will not accept an unsigned or unnotarized affidavit.
7. Attach required documents. Common attachments are a certified copy of the death certificate and a copy of your ID. The bank may ask for additional proof of heirship (for example, a family tree, birth certificate, marriage certificate, or a copy of the will if one exists).
8. Submit the affidavit to the bank. Provide the original notarized affidavit and required attachments. Ask for a written receipt and an estimate for how long the bank will take to review and release funds.
9. If the bank accepts the affidavit, the bank will typically release funds to you. The bank may require you to sign bank forms to transfer the funds to your account or to close the decedent’s account.
10. If the bank refuses, ask for a written explanation. You may need to open a small or full probate estate in the local probate court. If the refusal relates to the account size or conflicting claims, the probate court can issue an order directing the bank to release funds.

What the affidavit does and does not do

What it does: the affidavit gives a sworn statement that you are entitled to specified personal property and asks the holder to release it. It is a streamlined method that avoids the time and cost of formal probate in straightforward cases.

What it does not do: it is not a full distribution order that resolves all estate issues (debts, multiple heirs, contested claims, or real estate). If the estate has debts, multiple claimants, or contested issues, a probate case may be required.

Common problems and how to handle them

• Bank requires probate anyway: Ask the bank why. If the bank’s internal rules contradict the probate statute or court forms, bring the bank’s legal department a copy of the probate form and county guidance. If needed, file a small estate petition in probate court.
• Multiple heirs claim the same account: Do not use a unilateral affidavit where ownership is disputed. Instead, open probate so the court can sort competing claims.
• Debts exceed assets or creditor claims exist: An affidavit does not protect you from creditor claims. If significant debts exist, consult probate court guidance or a lawyer before accepting funds.
• Missing documentation: If you cannot document your relationship, contact the probate court clerk for acceptable alternatives or obtain certified copies of birth/marriage records.

When you should open probate instead

Open a probate estate if the decedent owned real estate, the estate has significant debts, multiple or adversarial heirs exist, the bank rejects the affidavit, or if the value and complexity of the estate make informal collection unsafe. The county probate court can advise whether probate is necessary.

Where to get the affidavit form and local help

Michigan’s probate courts post forms and local instructions. Start with the Michigan Courts probate forms page: https://courts.michigan.gov/administration/probate-court/forms/ . Also contact your county probate court clerk for local procedures and any county-specific affidavit form.

Next steps checklist (quick)

1. Get certified death certificate copies from the funeral director or vital records.
2. Call the bank and ask what they require to release the account.
3. Get the correct Michigan probate small estate affidavit form from the probate forms page or county court.
4. Complete, notarize, attach death certificate and ID, and submit to the bank.
5. If the bank refuses, get the refusal in writing and consult the probate court or an attorney about opening probate.

Helpful Hints

• Always ask the bank’s policy first — it can save time preparing unnecessary paperwork.
• Obtain multiple certified death certificates right away; banks and government agencies will each want originals or certified copies.
• Keep careful records: copies of the affidavit, what you submitted, the bank’s response, and receipts for any funds received.
• If more than one heir exists, get written agreement from other heirs if they will consent to the affidavit distribution; that reduces the chance of later disputes.
• If the asset is jointly titled or has a named beneficiary, the bank often transfers automatically to the survivor or beneficiary — no affidavit required.
• If you are unsure whether the account balance falls under a bank’s “small” threshold, ask the bank or the probate court clerk before preparing the affidavit.
• When in doubt about complex estates, contested heirs, or creditor issues, consult a probate attorney — a short consultation can prevent costly mistakes.

Useful Michigan resources

• Michigan Courts — Probate forms and instructions: https://courts.michigan.gov/administration/probate-court/forms/
• Michigan Legislature (for statutes and the Estates and Protected Individuals Code): https://www.legislature.mi.gov/
• Contact your county probate court clerk for local procedures and any county-specific affidavit forms.

If you want, provide brief facts (account balance, whether a will exists, whether you are the only heir, whether the account was titled jointly or POD) and I can walk you through the likely outcome and a tailored checklist for submitting the affidavit in Michigan.