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A Michigan small estate affidavit is a document that allows a petitioner, known as an ?affiant,? to stake a claim on property from the estate of a deceased loved one, known as the ?decedent.? In Michigan, this process is available to estates that have a value of $15,000 ? as adjusted for cost of living (see below) ? or ...
The law doesn't require all heirs to agree, although the process is complex and usually requires the help of an attorney.
The court will order that the property be used to pay any funeral and burial expenses first. ( or to reimburse the person who paid those expenses) The court will order that the remaining property be assigned to the decedent's spouse or to the decedent's heirs, if there is no spouse.
Assignment of property is the small estate process you must use if the decedent had real property. However, even if there was no real property, you may choose to use assignment of property if an estate is small. This is the only small estate process where a Probate Judge reviews and approves the division of property.
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.
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.
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.
Small Estate Threshold, By Date of Death Date of DeathAmount2023 - Present$27,0002022 - 2023$25,0002020 - 2021$24,0002018 - 2019$23,00014 more rows