Quick answer: personal property only, under $53,000 — the affidavit. A house included, net value under $53,000 (liens deductible up to $264,000) — the petition, but it follows intestate succession, not the will. Anything larger, or a will that must be honored precisely, needs full probate. Check your own numbers with the Michigan small estate checker.
The small-estate house path can defeat a valid will
A mortgage over $264,000 caps out the deduction
Only $264,000 of a real property lien is deductible when calculating the 2026 threshold — a larger mortgage still only gets that capped amount subtracted, which can push the net estate value above $53,000 and force full probate instead of the simplified petition.
A will doesn't block the affidavit route
The Transfer by Affidavit is available whether or not the decedent left a will, since it never involves admitting any will to probate — it works purely off the qualifying personal property staying within the threshold.
What skips probate before any threshold matters
Property held in joint tenancy with right of survivorship, assets in a properly funded trust, property under a Lady Bird deed, and accounts or policies with a named beneficiary all pass outside probate entirely.
The decision, in order
- Is the asset in joint tenancy, a funded trust, a Lady Bird deed, or has a named beneficiary? → Skips probate entirely.
- No real property, personal property at or under $53,000? → Transfer by Affidavit, 28-day wait.
- Real property included, net value at or under $53,000, and intestate-style distribution is acceptable? → Petition and Order for Assignment.
- A will must be honored precisely, or the estate exceeds $53,000? → Full probate.
A local probate attorney can review your estate — many offer a free consultation.
Whichever track applies, filing (when needed) happens in the probate court of the county where the decedent resided — Wayne, Oakland, and Kent County among the busiest.