Michigan Small Estate: Limit & How-To

Two forms, two very different levels of paperwork — pick the affidavit for speed, the petition only when the house is involved.

MCL 700.3982, 700.3983

Quick answer: personal property only, no house — use the Transfer by Affidavit after 28 days. A house is involved, net value at or under $53,000 — file the Petition and Order for Assignment (Form PC 556) instead. Check which applies with the Michigan small estate checker.

Petition and Order for Assignment: step by step

  1. Confirm eligibility: only an heir, or someone who personally paid the funeral bill, can file.
  2. Value all the decedent's assets as of the date of death, including real property.
  3. Deduct any unpaid funeral expenses and real property liens (up to $264,000 for 2026).
  4. Complete Form PC 556, attach the death certificate and the funeral bill (paid or unpaid).
  5. File with the probate court and pay the inventory fee.
  6. Receive the Order of Assignment and use it to transfer the property.

Only certain people can file the petition

Worth knowing: only an heir or an individual who paid for the funeral bill may file the Petition and Order for Assignment — not just any interested party. The petition must show the value of all assets as of the date of death, supported by documentation like newspaper stock quotes or a dealer's valuation for a vehicle.

Transfer by Affidavit: the simpler, faster route

When no real property is involved, a notarized sworn affidavit (Form PC 598) describing the personal property and confirming the estate stays within the threshold can be presented directly to each bank or asset holder — no petition, no court order, and no filing fee, once 28 days have passed since death.

A modest fee for the court path

The Petition and Order for Assignment carries an inventory fee that varies with the value of the assets listed, plus a small certification fee (typically around $10, plus $1 per page) if a certified copy of the order is needed later.

Facing probate in Michigan?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Michigan attorney

The $53,000 threshold and the lien-deduction cap apply the same way in Wayne, Oakland, and every other Michigan county — only the local inventory fee schedule differs.

Limit & how-to — frequently asked questions

Who can file the Petition and Order for Assignment?

Only an heir, or an individual who personally paid the decedent's funeral bill, may file the petition — not just any interested party.

What documentation does the Petition for Assignment require?

The completed PC 556 form, a death certificate, and an itemized funeral bill marked paid showing the amount and who paid it (or, if unpaid, a copy of the bill showing the amount due), plus documentation of the value of all the decedent's assets as of the date of death.

What does the Transfer by Affidavit require instead?

A notarized sworn affidavit (Form PC 598) describing the personal property and confirming the estate stays within the threshold, presented directly to each bank or asset holder — no petition, no court order, and no filing fee.

Is there a filing fee for the Petition and Order for Assignment?

Yes — an inventory fee that varies depending on the value of the assets listed, plus a small certification fee if a certified copy of the order is needed later.

How do I file a small estate affidavit in Michigan?

Personal property only, no house — use the Transfer by Affidavit after 28 days. A house is involved, net value at or under $53,000 — file the Petition and Order for Assignment (Form PC 556) instead. Check which applies with the Michigan small estate checker.

This page provides general guidance only and is not legal advice. Based on MCL 700.3982, 700.3983. Confirm current requirements with the county probate court or a licensed Michigan attorney before acting.