Michigan Affidavit of Heirship for Small Estates
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How to fill out Affidavit Of Heirship For Small Estates?
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FAQ
What Are Michigan's Requirements For The Small Estate Affidavit? As part of the affidavit, the person filling out the paperwork, known as ?the affiant,? must provide certain information, including the deceased person's personal information, date of death, and a list of the deceased's property and debts.
The dollar limit can change each year. If a person dies in 2023, an estate must be valued at $27,000 or less to be small. If a person died in 2022, an estate must be valued at $25,000 or less. If a person died in 2020 or 2021, an estate must be valued at $24,000 or less.
A claim is barred if proper notice is given and the claim is not presented in a timely fashion. If the notice requirements have not been met, a claim is barred 3 years after the decedent's death.
To use this process, all of the following must be true about the estate: It does not include real property. It has a value less than or equal to the limits for a small estate ($27,000 for decedents who died in 2023) There is not an application for a personal representative filed or granted.
The law doesn't require all heirs to agree, although the process is complex and usually requires the help of an attorney.
Real Estate Probate ? If a property is valued below $22,000, a spouse or any surviving heirs can petition a probate court to have the estate probated. For estates valued above $22,000 there is a formal supervised probate process which requires the appointment of a personal representative to distribute the estate.
Michigan law (MCL 700.3982) allows small estates to be probated using an expedited process if the balance of the gross estate after payment of the decedent's funeral and burial expenses is $15,000 or less.