Estate · Skip Probate
Small-Estate Limit in Michigan
How large an estate can skip full probate in Michigan, what counts toward the limit, the procedure to use, and the recent changes to watch. Cited to the statute.
How the small-estate limit works in Michigan
The procedure, what counts toward the dollar limit, and what is left out.
This limit moves. The base rose to $50,000 in 2024, and MCL 700.1210 then multiplies it by an inflation factor that the Department of Treasury republishes every year, so the operative ceiling changes annually by year of death. This page states the $50,000 statutory base and the adjustment mechanism, but not a specific adjusted dollar amount. Confirm the current figure against the Treasury notice for the relevant death year before you rely on it.
| How it works | What it means |
|---|---|
| Two separate routes | Michigan has two small-estate procedures with different mechanics. The court-order route under MCL 700.3982 asks a probate court to turn the property over to the spouse or heirs. The sworn-statement route under MCL 700.3983 works without a court order after 28 days, but only where the estate includes no real property. MCL 700.3982(4) says nobody other than the court can force you to use one rather than the other. |
| The $50,000 base, valued net | Both routes use a $50,000 statutory base, raised from the prior figure by 2024 PA 1, effective February 21, 2024. Value is measured net of liens and encumbrances. Under MCL 700.1210 the base is multiplied each year by a cost-of-living factor, so the true ceiling for any estate is the base as adjusted for the year of death. |
| Sworn-statement route: 28 days and no real property | MCL 700.3983 requires that 28 days have passed since the death, that the estate include no real property and sit within the adjusted ceiling net of liens, that no personal-representative application is pending anywhere, and that the person claiming is the decedent’s successor. The court-order route under MCL 700.3982 states no waiting period on its face and can contemplate real property. |
| Funeral and burial come first | MCL 700.3982(1) requires satisfactory evidence that funeral and burial expenses are paid. Where they are unpaid or were paid by someone else, the court orders the property used first to pay or reimburse them. |
| What does not count | What it means |
|---|---|
| Mortgage deduction on real property | Beginning January 1, 2024, when the court-order route values a gross estate that includes mortgaged real property, MCL 700.3982(5) lets the amount of that debt, up to $250,000, be deducted from the value of the real property. |
| Heirs are exposed to creditors for 63 days | An heir who receives property through the court-order route is responsible under MCL 700.3982(3) for 63 days after the order for any unsatisfied debt of the decedent, up to the value received. A surviving spouse entitled to allowances and the decedent’s minor children are excluded. |
| Securities transfer on the sworn statement | Under MCL 700.3983(2), a transfer agent must change registered ownership on the corporation’s books when the sworn statement is presented. |
What you can do right now
Concrete, neutral steps to settle a small estate in Michigan. This is legal information, not legal advice.
- Pick the route that fits the estate
If there is no real property and you can wait 28 days, the sworn-statement route under MCL 700.3983 needs no court order. If there is real property, use the court-order route under MCL 700.3982.
- Confirm the current adjusted limit
The $50,000 base is multiplied by a yearly inflation factor under MCL 700.1210. Look up the Department of Treasury figure for the year of death rather than assuming $50,000 is the ceiling.
- Handle funeral costs and value the estate net
Be ready to show funeral and burial expenses are covered, and value the estate net of liens. On the court-order route, a mortgage up to $250,000 can be deducted from real property.
- Mind the 63-day creditor window and get help if needed
An heir who takes property through the court order can be liable to creditors for 63 days. Michigan Legal Help can point you to resources if the estate has debts or real estate.
Whether an estate qualifies turns on what counts toward the limit and the procedure your state uses. This resource can connect you with a licensed estate attorney.
→ Michigan Legal HelpThis is general legal information, not legal advice. What counts toward the limit, whether there is a will, and whether real estate is involved can change the answer, so confirm with a licensed attorney.
What people get wrong about the Michigan small-estate limit
Michigan lets a small estate avoid full probate, but two things make it different from a simple dollar cap. First, there are two routes, not one. The court-order route under MCL 700.3982 asks a probate court to hand the property to the spouse or heirs, and it can deal with real estate. The sworn-statement route under MCL 700.3983 skips the court entirely after 28 days, but only if the estate includes no real property. Nobody but the court can push you into one route over the other. Second, the ceiling is a moving target. The statutory base is $50,000, raised there by a 2024 law, but MCL 700.1210 requires that base to be multiplied every year by a cost-of-living factor that the Department of Treasury publishes, rounded to the nearest thousand dollars, for the calendar year in which the person died. That means the real limit for any given estate is $50,000 as adjusted, and the exact adjusted number lives in a Treasury notice rather than in the statute. Because that figure changes annually, this page gives you the $50,000 base and the adjustment rule, and tells you to look up the current number rather than trust a stale one. Funeral costs come first, and heirs who take through the court order carry a 63-day exposure to the decedent’s creditors.
Common questions
What is the small-estate limit in Michigan?
The statutory base is $50,000 under MCL 700.3982 and MCL 700.3983, raised there in 2024. But MCL 700.1210 adjusts it for inflation every year, so the real ceiling is the base multiplied by the Treasury factor for the year of death. Look up the current figure.
How long do I wait to use a Michigan small-estate procedure?
28 days for the sworn-statement route under MCL 700.3983, which needs no court order but requires that the estate include no real property. The court-order route under MCL 700.3982 states no waiting period on its face.
Can a Michigan small-estate procedure include real estate?
The sworn-statement route cannot: the estate must include no real property. The court-order route under MCL 700.3982 can involve real property, and it lets a mortgage up to $250,000 be deducted from its value.
Why does Michigan not give one fixed dollar amount?
Because MCL 700.1210 indexes the $50,000 base to inflation each year. The Department of Treasury publishes the factor annually, so the operative ceiling changes by year of death and must be confirmed against that publication.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.