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

- Link: https://clearlegaltips.com/michigan-small-estate-affidavit/
- Published: 2026-10-15T11:10:21-04:00
- Author: ClearLegalTips

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## Download This Resource

Get the Michigan estate worksheet and a checklist for the PC 598 affidavit and the
court assignment:

[Estate Worksheet$53,000 test for 2026](https://clearlegaltips.com/wp-content/uploads/2026/10/mi-small-estate-worksheet.pdf)
[Action ChecklistPC 598 or court route](https://clearlegaltips.com/wp-content/uploads/2026/10/mi-small-estate-checklist.pdf)

**The short version (2026):** If the death happened in 2026, the cap for a Michigan
small estate affidavit is **$53,000**. That’s a $50,000 base with an inflation adjustment.
If the person owned **no real estate**, a successor such as a surviving spouse, 
adult child or other heir can give a notarized **PC 598 sworn statement** to the
bank or other holder **28 days** after the death, with no court filing. If there**
is** real estate, the probate court’s **assignment of small estate** can handle 
it, and up to **$264,000** of a mortgage or other secured debt is subtracted from
the property’s value. Vehicles have their own Secretary of State steps.

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

![Michigan small estate limit of $53,000 and a $264,000 real-estate debt deduction
for 2026 deaths, from the Treasury notice of January 30, 2026](https://i0.wp.com/
clearlegaltips.com/wp-content/uploads/2026/10/michigan-small-estate-affidavit-01-
numbers.jpg?w=1290&ssl=1)

 * **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?

![Michigan PC 598 affidavit: no real property, 28 days after the death, signed before
a notary and given to the bank or other holder, not filed with the court](https://
i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/10/michigan-small-estate-affidavit-
02-route-1-pc598.jpg?w=1290&ssl=1)

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.

PC 598 comes from the court system, so start with that form. If you need other documents
drafted, LawDepot is a template tool. It does not file anything with a court.

[Browse LawDepot Templates →](https://clearlegaltips.com/go/lawdepot-affidavit-form)

## Route 2: Assignment of small estate (probate court)

![Michigan court assignment of a small estate under MCL 700.3982: a PC 556 petition
to the probate court that can include real estate](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/10/michigan-small-estate-affidavit-03-route-2-assignment.
jpg?w=1290&ssl=1)

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?

![Choosing between the Michigan PC 598 affidavit and the court assignment by real
estate, net or gross value, court filing and waiting period](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/10/michigan-small-estate-affidavit-04-which-route.jpg?
w=1290&ssl=1)

  |  Question |  PC 598 affidavit (§3983) |  Court assignment (§3982) |  
   |  Real estate in the estate? |  Not allowed |  Allowed; secured debt subtracted up to $264,000 (2026) |  
 |  How value is measured |  Net of liens and encumbrances |  Gross, after funeral and burial expenses; debt on real estate subtracted up to the cap |  
 |  Court filing? |  No |  Yes, a petition (PC 556) to the probate court |  
 |  Waiting period |  28 days |  None in the statute |  
 |  Who receives |  Successors named in the sworn statement |  Surviving spouse, or heirs if none |  
 |  Liability afterward |  Perjury warning on the form |  Heirs liable 63 days for unpaid debts, up to value received |

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

![Michigan worked example: a Grand Rapids house worth $210,000 with a $165,000 mortgage
plus $6,000 of checking comes to $51,000, under the $53,000 limit](https://i0.wp.
com/clearlegaltips.com/wp-content/uploads/2026/10/michigan-small-estate-affidavit-
05-example.jpg?w=1290&ssl=1)

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

![What counts toward the Michigan $53,000 limit: joint accounts, life insurance,
beneficiary-named retirement accounts and trust property pass outside the estate](
https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/10/michigan-small-estate-
affidavit-06-what-counts.jpg?w=1290&ssl=1)

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

![Five common Michigan small estate mistakes: last year's limit, PC 598 with real
estate, measuring value the wrong way, leaving out heirs and distributing early](
https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/10/michigan-small-estate-
affidavit-07-mistakes.jpg?w=1290&ssl=1)

 * **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?

![Michigan Medicaid estate recovery by MDHHS: beneficiaries 55 or older who received
long-term care, with deferral while a spouse or a child under 21 is living](https://
i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/10/michigan-small-estate-affidavit-
08-medicaid.jpg?w=1290&ssl=1)

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

![A Michigan estate over $53,000: recount, set aside what passes outside the estate,
then open full probate](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/
2026/10/michigan-small-estate-affidavit-09-over-limit.jpg?w=1290&ssl=1)

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](https://clearlegaltips.com/probate-cost-estimator/)
helps with budgeting.

## How Michigan compares

![Michigan's $53,000 limit compared with the $75,000 median of our state table, 
where 23 jurisdictions have a lower limit](https://i0.wp.com/clearlegaltips.com/
wp-content/uploads/2026/10/michigan-small-estate-affidavit-10-vs-states.jpg?w=1290&
ssl=1)

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](https://clearlegaltips.com/ohio-small-estate-affidavit/).
Compare every state in our [small estate affidavit limits by state](https://clearlegaltips.com/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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### Related Articles

 * [Small Estate Affidavit Limits by State (2026): All 50 States, Verified](https://clearlegaltips.com/small-estate-affidavit-limits-by-state/)
 * [Free Small Estate Affidavit Template – Avoid Probate](https://clearlegaltips.com/small-estate-affidavit-template-2026/)
 * [Probate Cost Estimator – Court Fees & Executor](https://clearlegaltips.com/probate-cost-estimator/)

### Sources & References

 * [legislature.mi.gov (MCL 700.3983)](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-3983)
 * [legislature.mi.gov (MCL 700.3982)](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-3982)
 * [legislature.mi.gov (MCL 700.1210)](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-1210)
 * [legislature.mi.gov (MCL 600.880, probate filing fees)](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-880)
 * [michigan.gov (Treasury notice, cost-of-living adjustments, January 30, 2026)](https://www.michigan.gov/treasury/-/media/Project/Websites/treasury/ORTA/Economic-Reports-Notices/FY-2026/Notice_01302026_EstatesAndOtherProtectedIndividuals_Signed.pdf)
 * [courts.michigan.gov (SCAO form PC 598, Affidavit of Decedent’s Successor)](https://www.courts.michigan.gov/siteassets/forms/scao-approved/pc598.pdf)
 * [courts.michigan.gov (SCAO form PC 556, Petition and Order for Assignment)](https://www.courts.michigan.gov/siteassets/forms/scao-approved/pc556.pdf)
 * [kentcountymi.gov (Kent County Probate Court, small estates and threshold table)](https://www.kentcountymi.gov/1105/Small-Estates)
 * [milivcounty.gov (Livingston County Probate Court, small estates, 2026 value and fees)](https://milivcounty.gov/probate/estates/small/)
 * [michigan.gov (Secretary of State, deceased vehicle owner)](https://www.michigan.gov/sos/vehicle/titles)
 * [legislature.mi.gov (MCL 257.236, title for a deceased owner’s vehicle)](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-257-236)
 * [michigan.gov (MDHHS, Medicaid Estate Recovery)](https://www.michigan.gov/mdhhs/assistance-programs/medicaid/Third-Party-Liability/Estate-Recovery)
 * [michiganlegalhelp.org (small estate processes)](https://michiganlegalhelp.org/resources/wills-and-life-planning/overview-of-michigans-small-estate-processes)

_Fact-checked: October 2026_

**Legal Disclaimer:** This article is general information, not legal advice. ClearLegalTips
is not a law firm and does not provide legal representation. Laws vary by state 
and change over time. For guidance on your specific situation, consult a licensed
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