After a death in Michigan

Small estates

Affidavit of decedent’s successor (MCL 700.3983, SCAO form PC 598). It can be used when the estate has no real estate and its total value, minus liens, is no more than $50,000 as adjusted each year for inflation (base raised to $50,000 by 2024 Public Act 1, effective February 21, 2024). At least 28 days must pass after death, and no personal representative can be appointed or pending. The successor signs it and gives it with the death certificate to whoever holds the property. The probate court can also assign small estates by petition.

• Limit: $50,000, adjusted yearly for inflation (2026 adjusted amount not confirmed)
• Waiting time after the death: 28 days
• Source: the official source

Probate court

In Michigan, estates are handled by the Probate Court of the county, usually in the county where the person lived.

Creditor claims: 4 months after the notice to creditors is first published. If no notice is given, claims are generally barred 3 years after death.

Official court forms

Probate court forms - Michigan Courts

Statewide court-approved probate forms for estates and trusts.

Small estate form: open the form

The small estate affidavit is form PC 598. File probate cases with the probate court in the county where the person lived.

Estate and inheritance tax

• State estate tax: No. Michigan has no estate tax.
• Inheritance tax: No. Michigan’s inheritance tax applies only to deaths before October 1, 1993.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: No. Michigan has no statutory transfer on death deed. Many families use a lady bird deed (enhanced life estate deed), which is accepted in Michigan practice.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the testator and at least two witnesses who each saw the signing or the testator’s acknowledgment. A self-proving affidavit before a notary is optional.

Handwritten wills: Valid if it is dated, signed and the important parts are in the person’s own handwriting.

Power of attorney and health care directive

Financial power of attorney: Michigan adopted the Uniform Power of Attorney Act, effective July 1, 2024. The exact signing rules (notary or two witnesses) could not be confirmed against the statute this session.

Health care directive: Patient advocate designation (MCL 700.5506 and following), signed in front of two witnesses who are not close family, heirs, beneficiaries, your doctor, your patient advocate, or employees of your health facility or insurer. The patient advocate must sign an acceptance before acting. Michigan has no living will statute. MI-POST is the medical order form.

Death certificates

Certified copies come from the Michigan Department of Health and Human Services (MDHHS) Vital Records, or the county clerk where the death happened. The funeral home can usually order them for you.

Fee and eligibility rules could not be confirmed.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Michigan raised its small estate affidavit limit to a $50,000 base in 2024 and adopted the Uniform Power of Attorney Act for powers signed on or after July 1, 2024.