Estate Law
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Answered in 28 minutes by:
6/12/2019
Category: Estate Law
Satisfied Customers: 6,741
Experience: Attorney at Donald B. Linsky & Associates, PA
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I am so sorry for your loss. In Michigan when someone dies with less than $23,000 in assets you may use a small estate affidavit. If a small estate does not have any real property, the estate may be distributed using the transfer by affidavit process. This does not involve filing anything with the court. Instead the person who will inherit the decedent’s property can get it by presenting the death certificate and the Affidavit to whomever holds the property, such as a bank.
To do this process, you must know all the property and the heirs the decedent had. You must wait 28 days after the decedent’s death to use the Affidavit to transfer property. You must also be an heir entitled to some or all of the property, and you must know the names and addresses of the other heirs who will inherit a share of the property.
To use this process, the estate must:
Here is the form:
https://eforms.com/download/2016/02/michigan-small-estate-affidavit-form.pdf
Not include real property,
Have a value less than or equal to the limits for a small estate ($23,000 for decedents who died in 2019), and
Not have an application for a personal representative filed or granted
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