Michigan Small Estate Affidavit (2026): $53,000 Limit, PC 598 and Court Assignment

Your mother’s checking account is frozen, and the bank teller keeps asking for “letters.” You don’t have any. For many families, the way through is a short form: the Michigan small estate affidavit, PC 598. A new law changed this. Public Act 1 of 2024 took effect on February 21, 2024. Both small estate procedures now start from a $50,000 base that moves with inflation each year. The court procedure’s real-estate debt deduction starts January 1, 2024.

There are two procedures under the Estates and Protected Individuals Code (EPIC, Michigan’s probate statute). If an estate fits both, the statute says no one except the court may make the person choose one. Below you’ll find each route, the 2026 figures, and a way to decide.

The 2026 Michigan numbers

• Small estate limit: $53,000 if the death was in 2026. The statute’s text says $50,000, and MCL 700.1210 is what moves it each year.
• Mortgage deduction on a house (court route only): up to $264,000 for a 2026 death. The statute’s own number is $250,000.
• Waiting period for the affidavit: 28 days after the death.
• Vehicles: the Secretary of State has its own steps, covered in the FAQ below.

Because the limit is indexed, use the figure for the year of death. The statute has the Department of Treasury publish the adjustment factor every year. Treasury’s notice dated January 30, 2026 lists $53,000 and $264,000 for 2026 deaths. Kent County Probate Court’s table agrees, and it shows earlier years too: $51,000 and $257,000 for 2025.

Deaths before 2024 had much lower limits. Older deaths used smaller numbers. Kent County’s table lists $27,000 for 2023 and $28,000 for January 1 through February 20, 2024. The $50,000 base starts February 21, 2024. Kent County’s court page also says earlier deaths are figured on gross value, without the real-estate lien deduction. If the death came before February 21, 2024, ask the probate court which numbers apply.

Route 1: Can you skip court with PC 598?

MCL 700.3983 lets a successor collect property with a sworn statement when:

1. The estate includes no real property;
2. The value of the entire estate, wherever located, net of liens and encumbrances, does not exceed the adjusted limit ($53,000 for 2026 deaths);
3. 28 days have passed since the death; and
4. No application or petition to appoint a personal representative is pending or has been granted anywhere.

The sworn statement must also say that the person claiming is entitled to the property and list the name, address and share of every other person entitled. The State Court Administrative Office publishes the standard form, PC 598 (revised 4/24), which carries a perjury warning. PC 598 also has the signer state that no petition for assignment has been filed with a court, and it is sworn before a notary public.

Deliver the notarized PC 598 and a death certificate to whoever holds the property, such as a bank. Holders must pay or deliver, and transfer agents must re-register securities in the successor’s name. PC 598 names who can sign as the successor: a surviving spouse, an adult child, another heir, a devisee under a will, or someone acting for an heir or devisee who has a legal incapacity. Did someone other than the estate pay the funeral bill? In the court procedure, the judge can order that person reimbursed first.

Watch the math here. The affidavit counts value net of liens. For example, a boat worth $20,000 with a $12,000 loan counts as $8,000.

Route 2: Assignment of small estate (probate court)

MCL 700.3982 lets the probate court order property turned over without a full estate when the funeral and burial expenses are handled and the balance of the gross estate is $53,000 or less (for 2026 deaths):

• If the funeral has been paid by the estate, the court may order the remaining property turned over to the surviving spouse, or if there is none, to the heirs.
• If the funeral is unpaid, or was paid by someone else, the court orders the property used first to pay or reimburse the funeral and burial expenses, and may then turn over the balance.

Section 3983 shuts the affidavit out of any estate with real property, so this is the procedure for an estate that includes a house or land. You file a petition, form PC 556, with the probate court. Filing a petition for assignment costs $25 under MCL 600.880(2). County court pages list their own totals: Kent County lists $37 plus an inventory fee, and Livingston County lists $25, $13 for a certified copy of the order, and an estate fee based on the inventory (read October 2026).

Beginning January 1, 2024, the statute subtracts debt secured by real estate in the estate from the property’s value, up to a cap of $250,000 that is adjusted every year ($264,000 for 2026 deaths).

The 63-day rule. An heir who receives property under a court assignment (other than a surviving spouse who qualifies for allowances, or the decedent’s minor children) is responsible for 63 days after the order for any unsatisfied debt of the decedent, up to the value received. The order must state this condition.

Which route fits your estate?

The affidavit is not filed with the court. The court assignment adds a petition and an order, though Michigan Legal Help notes that some banks and other institutions are more willing to accept a court order. If the decedent owned a house or land, the assignment is the one of the two that can reach it.

A worked example

Picture a Grand Rapids widow who dies in 2026 with no will. She leaves two grown sons. In her name alone: a $210,000 house still carrying a $165,000 mortgage, plus $6,000 in checking. Her older son paid for the funeral.

• PC 598 is out: the estate includes real property.
• Court assignment: take $210,000, subtract the $165,000 mortgage (it’s under the $264,000 cap), and the house counts as $45,000. Add the $6,000 of checking. You get a gross estate of $51,000, and the older son’s funeral payment still has to be dealt with.

Because the balance after funeral expenses is under $53,000, the sons can petition the probate court for an assignment. The court can order the older son reimbursed for the funeral first, then turn the rest, including the house subject to its mortgage, over to the two sons. They remain responsible for 63 days for any unpaid debts, up to what they received.

What counts toward the $53,000

Michigan Legal Help’s guide says property that passes straight to someone else does not count toward the limit. Its examples:

• Joint bank accounts and real property owned jointly with rights of survivorship;
• Life insurance that names a beneficiary;
• Retirement accounts, such as 401(k)s and IRAs, that name a beneficiary; and
• Trust property, which usually does not go through the estate process.

For anything not on this list, such as a payable-on-death account or a deed with a transfer clause, ask the probate register before you count it. Vehicles have their own Secretary of State steps (see the FAQ), so ask the register whether a car counts toward the limit on the court route.

Common mistakes with Michigan small estates

• Using last year’s limit. Michigan indexes the figure every year. Kent County’s table shows $51,000 for 2025 deaths and $53,000 for 2026 deaths.
• Filing PC 598 when there is real estate. Even a small parcel or a mortgaged house rules out the affidavit. Use the court assignment instead.
• Measuring the wrong way. The affidavit uses value net of liens; the court assignment uses gross value after funeral expenses, with only real-estate debt subtracted.
• Leaving out other heirs. PC 598 requires the name, address and share of every other person entitled, and it carries a perjury warning for false statements.
• Distributing before debts are clear. After a court assignment, heirs remain answerable for 63 days for unpaid debts up to what they received.

Does Michigan Medicaid estate recovery reach a small estate?

It can. Michigan’s Medicaid program, run by the Michigan Department of Health and Human Services (MDHHS), seeks repayment from the estates of beneficiaries who are 55 or older and received long-term care services. An estate here generally means property that passes through probate. One exception: MDHHS says assets covered by a long-term care partnership policy are reached whether or not they go through probate. MDHHS will defer recovery while the beneficiary’s spouse, a child under 21, or a blind or permanently disabled child is living, and you can ask for a hardship exemption. Did the person receive Medicaid long-term care? Ask MDHHS about estate recovery before you distribute anything.

When the estate is over $53,000

If the estate is over the limit, Michigan Legal Help says you need full probate instead of a small estate process. Before you file, go back over the list. A joint account may already belong to the survivor. So might anything with a named beneficiary, trust property, or real estate owned jointly with survivorship rights. Our probate cost estimator helps with budgeting.

How Michigan compares

In our state-by-state table, 23 jurisdictions have a lower numeric limit than Michigan’s $53,000, and the median is $75,000. The table also places Michigan among the seven jurisdictions that use a separate procedure for real property. Ohio, Michigan’s southern neighbor, releases an estate from administration at $35,000 or less, or $100,000 or less when everything goes to a spouse (R.C. 2113.03); see our Ohio small estate guide. Compare every state in our small estate affidavit limits by state table.

Frequently Asked Questions

What is the Michigan small estate limit for 2026?

$53,000, if the person died in 2026. The statute sets a $50,000 base and adjusts it for inflation every year. Use the figure for the year of death.

Can I use a Michigan small estate affidavit if there is a house?

Not the PC 598 affidavit; it requires that the estate include no real property. The probate court’s assignment of small estate can include real estate, and a mortgage on the home is subtracted from its value up to $264,000 for 2026 deaths.

How long do I have to wait to use PC 598 in Michigan?

28 days after the death. The sworn statement must say that 28 days have passed and that no personal representative has been appointed or applied for.

Do I need to file PC 598 with the court?

No. You give the signed PC 598 and a death certificate directly to the bank or other holder. The court assignment under section 3982 is the procedure that requires a probate court filing.

How do I transfer a car in Michigan after the owner dies?

The Secretary of State handles it. If the title shows “Full Rights to Survivor,” the survivor needs the title, a death certificate and identification. If the owner left no other property that requires a personal representative, the surviving spouse or an heir can apply for a title using the Secretary of State’s Certification from the Heir to a Vehicle form. Children and other descendants come first under Michigan’s heir order, MCL 700.2103. The route has a cap on the total vehicle value, which state law adjusts every year; it was $100,000 for 2024 and 2025. Not sure who counts as an heir? Ask the Secretary of State or the probate court.

Am I liable for the decedent’s debts after a court assignment?

For 63 days after the order, an heir who receives property is responsible for unpaid debts of the decedent up to the value received. A qualifying surviving spouse and the decedent’s minor children are exempt from that rule.

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ClearLegalTips is an independent publisher of plain-English legal guides, free document templates, and cost calculators for common U.S. legal tasks. Every article is reviewed by founder and editor Fatih Öztürk and fact-checked against official sources: statutes, court fee schedules, and government filing pages. Not a law firm; nothing here is legal advice.