Michigan Small Estate Affidavit: The $53,000 Threshold for 2026

Full probate in Michigan costs thousands and takes months. But if the estate's probate assets fall under a specific dollar threshold, Michigan law provides two simplified alternatives that can transfer assets in weeks — sometimes without setting foot in a courtroom.

The threshold for 2026 is $53,000 in gross probate asset value, adjusted annually for inflation by the Michigan Department of Treasury under MCL 700.1210.

Two Paths Under the Small Estate Threshold

Michigan offers two small estate options, depending on whether the estate includes real property.

Option A: Transfer by Affidavit (PC 598) — No Court Required

If the estate consists entirely of personal property (no real estate) and the gross value is $53,000 or less, the successor can collect assets without any court involvement.

Requirements:

• At least 28 days must have elapsed since the date of death
• No real estate in the probate estate
• Successor completes SCAO Form PC 598 (Affidavit of Decedent's Successor) before a notary
• Present the notarized affidavit directly to banks, employers, or custodians holding the assets

Cost: Only the notary fee (typically $2-$10). No court filing fee.

This is the fastest path — but it only works when there's no real property.

Option B: Petition and Order for Assignment (PC 556) — Court Required

If the estate includes real property, or if the successor prefers a court order for liability protection, they file a Petition and Order for Assignment.

Key 2024 reform: Public Act 1 of 2024 introduced a significant relief for homeowners. If the estate includes real property, up to $264,000 of mortgage or lien indebtedness (2026 figure) can be deducted from the property's gross value when determining whether the estate falls within the $53,000 threshold.

This means a home worth $300,000 with a $260,000 mortgage contributes only $40,000 to the threshold calculation — potentially qualifying the entire estate for the simplified process.

Filing requirements:

• SCAO Form PC 556
• Paid funeral bill (proving priority funeral expense)
• Two certified death certificates (one with personal information redacted per MCR 1.109(D)(9))
• SCAO Form MC 97 (Protected Personal Identifying Information)
• SCAO Form PC 565 (Testimony to Identify Heirs)

Costs: $25 filing fee, $12 per certified court order copy, plus a statutory probate inventory fee based on gross estate value.

Timeline: Can be filed immediately — no 28-day waiting period required.

Critical liability note: Under MCL 700.3982, any heir (other than a surviving spouse or minor child) who receives assets through a PC 556 order remains personally liable for the decedent's unsatisfied debts for 63 days following the court order, up to the value of the property received.

What Counts as "Probate" Assets

Only assets titled solely in the decedent's name count toward the $53,000 threshold. These are excluded:

• Property held in a living trust
• Accounts with transfer-on-death (TOD) or payable-on-death (POD) designations
• Jointly held property with right of survivorship
• Real estate transferred via a recorded Lady Bird deed
• Life insurance payable to a named beneficiary
• Retirement accounts with named beneficiaries

This is why advance planning matters: a person with $500,000 in total assets might have a probate estate of $20,000 if everything else passes through beneficiary designations, joint ownership, or Lady Bird deeds.

Historical Threshold Changes

The threshold has increased significantly in recent years:

Connecting Estate Settlement to Advance Planning

Small estate administration is the post-death process. But every dollar of planning done before death determines whether the estate qualifies:

• A Lady Bird deed removes the home from the probate estate entirely
• TOD/POD designations on bank and investment accounts bypass probate
• A Patient Advocate Designation ensures someone can make decisions about care facility costs — which directly affect how much the estate spends before death

The Michigan Advance Directive & Living Will Kit coordinates the pre-death planning that determines your family's post-death administrative burden — covering Patient Advocate Designation, treatment preferences, and estate protection strategies in a single Michigan-specific package.

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