Small Estate Assignment

Small Estate Assignments 

If a decedent's estate is small enough, Michigan law (MCL 700.3982) allows the estate to be probated using an expedited process that does not require the appointment of a personal representative, takes no notice of any will, and results in a court order assigning assets.  However, this expedited process has several requirements:

  1. You must fill out a Petition and Order for Assignment.  There is a $25 filing fee, a $12 certified copy fee for your certified copy of the order, and a statutorily-mandated inventory fee based on the value of the estate.
  2. The decedent must have been an Ingham County resident or was not a Michigan resident but left property in Ingham county.
  3. The total value of the estate, subtracting any funeral and burial expenses which are either unpaid or were paid by someone other than the decedent after the decedent's death, is $23,000 or less [If the decedent died in 2007 or earlier, the cut-off will be less].
  4. Funeral and burial expenses are those expenses directly connected with a funeral or memorial service and with the burial or cremation of the body.  Funeral and burial expenses must be accounted for by a bill from the funeral home.
  5. If someone paid some or all of the funeral or burial expenses for the decedent, there must be a receipt from the funeral home indicating who paid and the amount paid.
  6. A description and value must be given of all property within the decedent's estate.  Any liens, encumbrances, or mortgages on real estate can be used to reduce the property's value listed on the form.