Michigan probate code · checked October 2026
For money and belongings, Michigan's affidavit limit is $53,000 — applied to the estate after the assets that pass automatically are taken out. The Michigan affidavit (PC 598) is barred if the estate contains any real property at all. A house routes the family to the Petition and Order for Assignment (PC 556) instead — a court filing that can include real property, deducting the mortgage secured by it (up to $264,000 for 2026 deaths). The affidavit, where one exists, cannot be used until 28 days have passed since the death.
The affidavit limit today: $53,000, judged by the law in force on the date of death.
The paper: SCAO PC 598 - Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent; PC 556 - Petition and Order for Assignment.
How it moves: presented to whoever holds the property; no court case is opened.
The wait: 28 days after the death before the affidavit can be used.
For a surviving spouse: No different cap for a surviving spouse as sole heir under 3982 or 3983; spouse is simply first in line to receive assigned property.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $53,000 | Presented to whoever holds the property; no court case. Form: SCAO PC 598 - Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent; PC 556 - Petition and Order for Assignment. |
| Petition and Order for Assignment (MCL 700.3982) | $53,000 | The Petition and Order for Assignment (§ 700.3982) is Michigan's court track at the same inflation-adjusted figure as the affidavit — $53,000 for 2026 deaths — and unlike the affidavit it can carry real property. |
Vehicles are personal property collectible by the PC 598 sworn statement if the estate qualifies; Michigan Secretary of State also transfers vehicle titles to a surviving spouse/heir without probate under separate SOS procedure - no vehicle exclusion from the 3983 cap was found.
For the court Assignment route, an heir other than a qualifying spouse/minor child who receives property is responsible for 63 days after the order for any unsatisfied debt of the decedent up to the value received (MCL 700.3982(3)); the sworn-statement route requires the estate, net of liens and encumbrances, not exceed the cap.
Rules checked October 2026 · Sources: MCL 700.3983(1)(a)-(e); MCL 700.3982(1)-(6); MCL 700.1210; 2024 PA 1 (eff. Feb. 21, 2024); Michigan Dept. of Treasury, EPIC Cost-of-Living Adjustments, certified Jan. 30, 2026, Table B. This page reads the published law; it is not legal advice, and the court is the final word.