Michigan's Small Estate Process Explained

Michigan offers two distinct paths for small estates, depending mainly on whether real estate is involved - both governed by a threshold that changes every year.

What are the two small estate options?

The Petition and Order for Assignment (Form PC 556), which goes through the probate court and can include real estate with a mortgage deduction, and the Affidavit of Decedent’s Successor (Form PC 598), which requires no court filing but excludes real property entirely.

Why does the threshold keep changing?

Because it’s adjusted annually for inflation under MCL 700.1210. For 2026 deaths, it’s $53,000 - always worth confirming the specific figure for the actual year of death, since using an outdated number could mean qualifying (or not) incorrectly.

How is the estate’s value actually calculated?

Add up the fair market value of all property - bank accounts, personal belongings, vehicles, and real estate. Then subtract unpaid funeral and burial expenses, and for real property, subtract any mortgage or lien, up to $264,000 for 2026.

Does the court hold a hearing?

For the Petition and Order for Assignment, no hearing is typically held - the court reviews the petition and issues an order directly.

Who ultimately receives the property?

Unpaid funeral and burial expenses are paid or reimbursed first. The remaining balance is assigned to the surviving spouse, or if there is none, to the decedent’s heirs under Michigan’s intestate succession law - notably, this process can override what a will says, which genuinely surprises some families who assumed their will would control regardless of estate size.

What should I do next?

If real estate is involved, use the Petition and Order for Assignment rather than the Affidavit, since only the former can include it. If there’s a will, understand that this simplified process can still distribute according to intestate succession rather than the will’s terms - worth discussing with the court or an attorney if that outcome wouldn’t match the deceased’s actual wishes.

Add this to your Final Day Plan: don’t assume a will alone protects your wishes if your estate might qualify as small under Michigan’s threshold - talk to an attorney about how to make sure your actual intentions are followed regardless of estate size.

Michigan’s small estate threshold changes every year. This is general educational information, not legal advice - confirm the current figure and requirements directly with a Michigan-licensed attorney or the county Probate Court.