Michigan small estate limit

By Moshe B. Newman, Attorney · Published June 2026

For someone who died in 2026, Michigan’s small estate threshold is $53,000. If the total value of the estate’s probate assets — minus certain deductions for liens on real property — falls at or below that figure, the estate may qualify for one of two simplified procedures that can avoid the time and expense of full probate. These thresholds are adjusted annually for inflation under MCL 700.3982.

How the threshold is calculated

The $53,000 limit applies to the gross estate subject to probate, not necessarily every asset the decedent owned. Assets that pass outside of probate — jointly held property, accounts with beneficiary designations, assets in a trust — generally do not count toward the threshold. Only assets that would otherwise go through the probate court are included.

An important wrinkle for homeowners: if the estate includes real property that is encumbered by a mortgage or other lien, up to $264,000 of that indebtedness may be deducted from the property’s value when determining whether the estate qualifies as a small estate. This deduction, also adjusted annually, can bring an estate with a mortgaged home under the threshold even though the property’s market value exceeds $53,000.

Transfer by affidavit (no real property)

If the estate contains no real property and its total value is at or below the small estate limit, a successor may collect assets using a small estate affidavit — formally, a “transfer by affidavit” under MCL 700.3983. The key requirements:

• 28-day waiting period. At least 28 days must have passed since the date of death.
• No personal representative appointed. No one has been appointed or applied to serve as personal representative of the estate.
• Form PC 598. The successor completes the affidavit (Michigan Court Form PC 598), has it notarized, and presents it along with a certified death certificate to each bank, employer, or other institution holding the decedent’s property.
• No court filing required. Unlike the petition-for-assignment process described below, the transfer-by-affidavit procedure does not require filing anything with the probate court.

When a properly completed affidavit is presented, the holder of the decedent’s property is required to release it to the affiant. The affiant takes on the obligation to use the assets to pay the decedent’s debts and distribute the remainder according to the will or, if there is no will, Michigan’s intestacy statute.

Petition for assignment (including real property)

If the estate does include real property — a house, vacant land, or any interest in real estate — the transfer-by-affidavit is not available. Instead, the successor may file a Petition and Order for Assignment with the probate court under MCL 700.3982. This is sometimes called “summary administration” for small estates.

The petition asks the court to assign the decedent’s property directly to the heirs or beneficiaries without appointing a personal representative and without the full notice-to-creditors process. In practice, this procedure is faster and less expensive than standard probate, though it does involve a court filing and, in most counties, a hearing.

Remember that when real property is mortgaged, the lien deduction (up to $264,000 for 2026 deaths) is subtracted from the property’s value before comparing the estate total to the $53,000 threshold.

Vehicle transfers

Motor vehicles have their own separate transfer process through the Michigan Secretary of State. As of January 2026, the relevant form is the TR-40 (which replaced the former TR-29). The TR-40 allows a surviving spouse or next-of-kin to transfer title to a decedent’s vehicle without going through probate, provided:

• The combined value of all vehicles titled solely in the decedent’s name does not exceed $100,000 in aggregate.
• At least 28 days have passed since the date of death.
• The form is signed before a notary, and a certified death certificate is attached.

The vehicle transfer process operates independently from the probate small estate procedures described above. Even if an estate exceeds the $53,000 small estate limit, vehicles under the $100,000 aggregate cap may still be transferred via the TR-40.

When full probate is still required

The small estate procedures are not available in every situation. Full probate — whether informal or formal — is generally necessary when:

• The estate’s probate assets exceed $53,000 (after the real-estate lien deduction, if applicable).
• There is a dispute among heirs or beneficiaries about who is entitled to what.
• A creditor has already filed a claim or the estate has significant debts that require court oversight.
• The will is being contested.
• Complex assets — business interests, oil and gas rights, or property in multiple states — are involved.

In those situations, a personal representative is appointed and the estate proceeds through Michigan’s standard administration process.

How we help

At The Legacy Law Firm, we regularly help families determine whether an estate qualifies for small estate treatment and, if so, which procedure is the right fit. Even the simplified processes involve paperwork that needs to be completed correctly — an error on an affidavit or petition can delay the transfer of assets. We also counsel families whose estates fall just above the threshold on whether probate-avoidance strategies may have been available and what options remain.

If you have lost a loved one and are trying to figure out the simplest path forward, a short conversation is usually all it takes to point you in the right direction.

This article is general information about Michigan law, not legal advice, and does not create an attorney-client relationship. Laws and dollar thresholds change; figures current as of 2026. For advice on your specific situation, schedule a consultation.

Schedule a consultation →