Not every estate in Michigan requires a full probate case. Michigan law offers simplified procedures for smaller estates, potentially saving families months of delays and unnecessary court costs.
These “small estate” options are authorized under the Estates and Protected Individuals Code (EPIC), specifically MCL 700.3982 and MCL 700.3983.
At Dakroub Law Group, we help families determine whether they qualify for these streamlined options.
Understanding What Counts as a Small Estate in Michigan
Michigan offers two main options:
1. Small Estate Affidavit (MCL 700.3983)
This allows a beneficiary to collect personal property without opening a probate estate.
Requirements:
- The total value of the deceased’s personal property is below Michigan’s annual statutory limit
- There is no need to transfer real estate
- At least 28 days have passed since the person’s death
- The person filling out the affidavit is legally entitled to the property
This process is often used for bank accounts, refund checks, and personal belongings.
2. Assignment of Property (MCL 700.3982)
This option is handled through the probate court, but it is much faster and simpler than formal probate.
Requirements:
- The total value of the entire estate is below the Michigan threshold (adjusted yearly)
- Can include real estate, depending on circumstances
- Used to transfer vehicles, small real property interests, or remaining personal assets
If real estate is included, the court issues an order assigning the property to the rightful heirs.
What Are the Benefits of Michigan’s Small Estate Processes?
- Low or no court fees
- No full probate administration
- Faster transfer of assets
- Simplified paperwork
- Private and less stressful for families
These options are especially helpful when someone dies with only a few assets or without complex debts.
When a Small Estate Cannot Be Used
A full probate estate may still be required if:
- The estate value exceeds the statutory limit
- There are disputes among heirs
- Creditors are contesting debts
- Real estate has title complications
- A previous probate case was already opened
A Michigan probate attorney can verify eligibility and avoid mistakes.
Conclusion:
Michigan’s small estate procedures can save families significant time, money, and stress when handling a loved one’s affairs. Understanding whether you qualify for a Small Estate Affidavit or an Assignment of Property is the first step.
To determine the best option for your situation, contact Dakroub Law Group today.
📞 Call (313) 315-6300 or visit www.dakroublaw.com to schedule your probate consultation.