Michigan Small Estate Checker

One Michigan path can include the house itself — but it hands the property to the spouse or heirs by law, not to whoever the will actually named.

MCL 700.3982, 700.3983 FigureMyTax Editorial Team Free · no sign-up

Does this Michigan estate qualify?

Enter the estate's value to see which simplified path likely fits.

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Likely path for this Michigan estate
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$53,000 for 2026, indexed every year

Confirmed current for 2026: Michigan Legal Help confirms the small estate threshold is $53,000 for deaths in 2026, up from $51,000 in 2025 and $50,000 in 2024 — adjusted annually under MCL 700.3982 and 700.3983 for cost of living.

One path can include the house — a rare feature

Michigan runs two distinct small-estate tracks. The Transfer by Affidavit (MCL 700.3983) stays personal property only, no court, available 28 days after death. The Petition and Order for Assignment (MCL 700.3982, Form PC 556) is a court process that has included real property since a 2024 law change — liens on that real property are deductible up to $264,000 for 2026, so a mortgaged house often still qualifies even though its market value exceeds $53,000.

The court order ignores the will

The Petition and Order for Assignment distributes the estate's assets first to pay any unpaid funeral and burial expenses, then to the surviving spouse or, if there is none, to the heirs under intestate succession — regardless of what a valid will actually says. No will is admitted to probate through this procedure at all.

Neither path appoints anyone

No Letters of Authority are issued and no personal representative is appointed through either small-estate track — a genuine contrast with full probate, where someone is formally put in charge.

Statewide threshold, county-by-county filing

Wayne, Oakland, and Kent County each process their own Petition and Order for Assignment filings, but the $53,000 threshold and lien-deduction cap apply identically statewide.

Michigan small estate — frequently asked questions

What is Michigan's small estate threshold for 2026?

$53,000, indexed annually for cost of living under MCL 700.3982 and 700.3983 — up from $51,000 in 2025 and $50,000 in 2024.

Can Michigan's small estate procedure ever include the house?

Yes, through one specific path — the Petition and Order for Assignment (MCL 700.3982) has included real property since a 2024 law change, with liens deductible up to $264,000 for 2026. The simpler Transfer by Affidavit remains personal property only.

Does the Petition and Order for Assignment follow the will?

No — it distributes the property first to pay unpaid funeral and burial expenses, then to the surviving spouse or, if none, to the heirs under intestate succession, regardless of what a will says.

How long do I have to wait to use the Transfer by Affidavit?

At least 28 days after the date of death before the affidavit can be presented to a bank or other asset holder.

Does the Petition and Order for Assignment appoint a personal representative?

No — no Letters of Authority are issued and no personal representative is appointed through this procedure, and no will is admitted to probate through it either.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on MCL 700.3982, 700.3983. Actual eligibility depends on the estate's full facts. Confirm with the county probate court or a licensed Michigan attorney before acting.