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MCL 700.3983 · checked 2026-10-20
Michigan small estate affidavit limit
In Michigan the affidavit of decedent's successor for delivery of assets is available when the value of the estate is within $50,000 as adjusted for inflation, and it can be used 28 days after the death. It works through an affidavit handed to the bank or other holder, with no court filing.
- 1Dollar limit $50,000 base
- 2Waiting period 28 days
- 3Filed with Asset holder
- 4Statute MCL 700.3983
What MCL 700.3983 says
The operative words of the statute, as read on 2026-10-20:
“does not exceed $50,000.00, adjusted as provided in section 1210”
That test is applied to the value of the estate. The estate must not include real property.
The $50,000 base is adjusted for inflation each year under MCL 700.1210; the State Court Administrative Office publishes the current figure. Estates at or under $50,000 are within the limit; above it, the current adjusted figure decides.
Source: MCL 700.3983. Last checked 2026-10-20.
Worked examples against the $50,000 limit
| Estate value | Result under MCL 700.3983 |
|---|---|
| $30,000 | Within the limit |
| $50,000 | Within the limit |
| $51,000 | Above the base figure: compare with the current inflation-adjusted figure |
Values are the estate as the statute measures it — value of the estate — not everything the person owned. Michigan's figure is $12,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 25th from the top, level with Alaska, Delaware, Iowa, Maryland.
When the route opens
The statute requires 28 days to pass after the death. For a death on January 15, 2026, the earliest date is February 12, 2026. 28 of the 31 jurisdictions with a written wait make people wait longer and 2 wait less; the median is 30 days.
If the estate goes through full probate instead, creditors have 4 months counted from publication of notice to creditors (MCL 700.3803(1)). The Michigan probate timeline works those dates through.
Filing and fees
This is a no-court procedure: the person entitled to the property signs the affidavit and presents it to whoever holds the asset — a bank, a transfer agent, a motor-vehicle office. Opening full administration for an estate of $51,000 would cost $150 under MCL 600.880 — see probate court fees in Michigan.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the affidavit of decedent's successor for delivery of assets and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby East North Central jurisdictions
Illinois: $150,000; Indiana: $100,000 after 45 days; Ohio: $35,000; Wisconsin: $50,000.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Michigan probate court or its self-help center before filing.