Michigan Small Estate Affidavit | Affidavit of Heirship

Michigan law determines that small estates are valued at $21,000 or less. If a person resides in or owns property in Michigan, and they pass away without a last will and testament, then successors may file either an affidavit of heirship or a small estate affidavit to claim the decedent’s property and distribute it without going to probate court. The affidavit of heirship focuses on personal or real property, including bank accounts; the small estate affidavit determines real estate distribution in the event of the owner’s passing without a will.

Affidavit of Heirship: In Michigan, the law requires a 28-day waiting period after a loved one’s passing before successors may file the affidavit of heirship, and the personal property may not exceed $21,000 as of 2013.

Small Estate Affidavit: In 2013, the Michigan probate law updated to allow successors to file a small estate affidavit if a decedent’s real estate was valued at $21,000, raising the value from $15,000.



Adobe PDF | Microsoft Word (.doc)

According to section 700.3982 of the Michigan Compiled Law, family members or other successors may file an affidavit of heirship to claim a decedent’s personal property in Michigan. This property includes finances like bank accounts and retirement accounts, as well as heirlooms and vehicles. There is a 28-day waiting period…

Adobe PDF | Microsoft Word (.doc)

The Michigan Compiled Law 700.3982 was updated in 2013 to raise the value of real estate that may avoid probate court to $21,000. Prior to that, it was $15,000. If a loved one owns property in Michigan and passes away without a last will and testament, then the family or…