Disclaimer: This article offers general information and does not constitute legal advice.
Detailed Answer
In Michigan, you can collect a decedent’s personal property without formal probate if the estate’s total value does not exceed $40,000. You do this by executing an Affidavit of Entitlement to Distribution (commonly called a small estate affidavit). Follow these key steps:
1. Confirm You Qualify
Under MCL 700.3803, you qualify if: 1) The decedent left no validly appointed personal representative. 2) No formal probate case is open. 3) The total value of personal property subject to distribution (not including real estate) does not exceed $40,000. 4) You are an heir, devisee, or creditor entitled to distributions.
Reference: MCL 700.3803
2. Obtain the Correct Form
Use Michigan Probate Court Form PC 571 (Affidavit of Entitlement to Distribution). You can download it from the state court website or request it from the circuit court clerk.
3. Complete the Affidavit
Fill in: • Decedent’s full legal name and date of death • Description and estimated value of each asset • Each person claiming an interest and their share under intestate or testamentary distribution rules
4. Notarize Your Affidavit
Michigan law requires notarization to validate the affidavit. Sign in the presence of a Michigan notary public. The notary’s seal and signature certify your identity and the document’s authenticity.
5. Present the Affidavit to Custodians
Deliver the signed, notarized affidavit and a certified copy of the decedent’s death certificate to each holder of property (banks, brokerage firms, employers holding benefits, etc.). They may have internal procedures, so contact them in advance.
6. Request Certified Copies
Obtain several certified copies of the notarized affidavit from the notary or the circuit court clerk. Custodians often require original certified copies rather than photocopies.
7. Keep Detailed Records
Retain copies of all documents you submit and correspondence with custodians. Record the date you delivered each affidavit and the items or amounts distributed to you.
While you generally do not file this affidavit in a court file, check with the custodian if they require a court-stamped copy. If you must record it for real property interests, file with the county register of deeds.
Helpful Hints
- Confirm the estate’s total asset value before using the small estate procedure.
- Use the latest version of Form PC 571 from the Michigan Courts website.
- Verify each custodian’s documentation requirements.
- Obtain at least three certified copies of the affidavit.
- Keep a log of distribution dates and amounts for your records.