Losing a loved one is hard enough without having to worry about the stress, cost, and time it will take to probate their estate. You may be relieved to learn that Michigan has a simplified probate process for small estates. If your deceased loved one did not own much property, the experienced probate lawyers at the Estate Planning & Elder Care Firm of Michigan can help you streamline the probate timeline and navigate the process quickly and easily. Below, we explain two streamlined options for probating a small estate in Michigan.
Using a Small Estate Affidavit to Simplify Michigan Probate
A Small Estate Affidavit is one option for simplified probate in Michigan. Under Mich. Comp. Laws § 700.3983, you must meet the following requirements to use this procedure:
- 28-day rule. You cannot file a Small Estate Affidavit until 28 days have passed since your loved one died.
- Estate's value. Your loved one's gross estate value cannot exceed a certain amount, which is $50,000 as of February 20, 2024. This amount changes periodically. Only property they owned in their name would be considered part of their estate. Property they co-owned with someone or for which they designated a beneficiary is not considered to be part of their estate.
- No real estate. The deceased's estate cannot include a home or other real estate.
- Your interest in the estate. The person who files the affidavit has to be an heir entitled to receive property from the deceased individual.
- No personal representative. You cannot use a Small Estate Affidavit to streamline the probate process if a personal representative has been appointed for the estate or if someone has filed a petition to be appointed the personal representative.
If you meet all the conditions to use a Small Estate Affidavit, you will need to complete the Small Estate Affidavit form, attach your loved one's death certificate to it, and have your signature notarized. After doing this, you would be able to have their property transferred.
Using a Petition for Assignment to Streamline Small Estate Probate
Filing a Petition and Order for Assignment of your family member's property to you is another option for simplifying probate for a small estate. A key benefit of this procedure is that you can use it to transfer real estate as well as other assets. To qualify to file this procedure, you must meet two requirements:
- Estate's value. The value of your deceased family member’s estate, after their burial and funeral expenses are paid, cannot exceed $50,000 as of early 2025. Like with a Small Estate Affidavit, this value changes periodically.
- Relationship to the deceased. The person filing the petition must be the deceased individual's surviving spouse or, if no surviving spouse exists, an heir under Michigan's intestate inheritance laws.
If you qualify to use this simplified probate process, you must complete the Petition and Order for Assignment form. You will need to include the legal description for any real estate, its value, the amount of any liens, and the value of the property’s inventory You will also need to provide:
- A list of your loved one’s personal property and its value
- Their funeral and burial expenses, and who paid these expenses
- A list of their other heirs, including who should receive property and in what percentage
You must sign and file the petition and pay the filing fee and any other costs. A judge will review the petition and hopefully sign it. The order would provide that for 63 days following the date of the order, the share of any heir other than a surviving spouse or minor child would be subject to any debt of the deceased up to the value of what they received from the estate.
How Estate Planning & Elder Care Firm of Michigan Can Help
While these are relatively straightforward procedures, completing the required paperwork and following through with important details can be complicated. You should not try to decide what option to use and complete the paperwork without the assistance of a knowledgeable Michigan probate lawyer. Our legal team can help you navigate the simplified probate process for small estates, so you have the peace of mind you need to get through this challenging time.