Small Estate Affidavit vs Full Probate in Michigan

If someone you love recently passed away in Michigan, you may be staring at a stack of legal forms wondering which path to take. The difference between using a small estate affidavit and going through full probate isn't just a technicality it affects how long it takes to settle the estate, how much it costs, and how much paperwork you'll deal with. Getting this choice wrong can mean wasted weeks, unnecessary legal fees, or rejected documents. Let's break down exactly what each option involves so you can figure out which one fits your situation.

What Is a Small Estate Affidavit in Michigan?

A small estate affidavit is a legal document that lets a surviving spouse or heir collect a deceased person's assets without opening a probate court case. Under Michigan's Estates and Protected Individuals Code (MCL 700.3983), this tool is available when the estate's total value after subtracting funeral and burial costs is $25,000 or less.

Instead of filing paperwork with the probate court, waiting for hearings, and working through the full administration process, the person entitled to the assets simply signs the affidavit and presents it to whoever is holding the property a bank, for example. You can download a free Michigan small estate affidavit form to get started.

This option exists because Michigan recognized that not every estate needs a court-supervised process. If someone passes with a modest checking account and a few personal belongings, it doesn't make sense to require the same legal machinery used for someone who owned multiple properties and large investment accounts.

What Does Full Probate Actually Involve?

Full probate is the court-supervised legal process for distributing a deceased person's assets. It involves filing a petition with the probate court in the county where the person lived, appointing a personal representative (also called an executor), notifying creditors, inventorying assets, paying debts and taxes, and eventually distributing what's left to the heirs.

In Michigan, probate can take anywhere from several months to over a year, depending on the complexity of the estate and whether anyone contests the process. Costs include court filing fees, personal representative fees, and potentially attorney fees which can add up quickly.

How Do I Know If My Situation Qualifies for a Small Estate Affidavit?

You can use a small estate affidavit in Michigan if all of the following are true:

The total value of the probate estate (minus funeral and burial expenses) is $25,000 or less
At least 28 days have passed since the date of death
No formal probate proceeding has been opened or is pending
The person signing the affidavit is the surviving spouse or an heir entitled to the property
You're not trying to transfer real estate (the affidavit does not cover real property in Michigan)

Even if the estate seems small, you need to count everything bank accounts, vehicles, personal property, uncashed checks, and any other assets that would normally go through probate. Life insurance proceeds and retirement accounts with named beneficiaries typically don't count because they pass outside probate.

If you're the surviving spouse, there's a helpful checklist specifically for surviving spouses that walks through what you need.

When Is Full Probate Required Instead?

You'll need to go through full probate in Michigan if any of these apply:

The estate's value exceeds $25,000 (after funeral and burial costs)
The deceased owned real estate that needs to be transferred (such as a house or land)
There are disputes among heirs about who gets what
The deceased had significant debts or creditor claims that need to be resolved through the court
The will is being contested or there are questions about its validity
A personal representative needs to be formally appointed to handle legal or financial matters on behalf of the estate

Michigan also offers an informal probate process and a supervised probate process, both of which are forms of full probate but differ in how much court oversight is involved. Informal probate is simpler and faster, while supervised probate requires court approval for most actions.

What's the Real Cost Difference?

The financial difference between these two paths is significant.

Small Estate Affidavit Costs

No court filing fees (you're not filing anything with the court)
Minimal or no attorney fees many people handle this themselves
Possible small notary fees if the affidavit needs to be notarized

Full Probate Costs

Court filing fees (typically around $150–$175 in Michigan)
Attorney fees (often a percentage of the estate or hourly billing)
Personal representative fees
Potential costs for appraisals, certified copies, and publication of notices
The process can take 6 months to 18+ months

For a small bank account of $8,000, spending even $1,000 on probate costs doesn't make financial sense. But for an estate worth $150,000, the cost of probate is proportionally reasonable and often unavoidable.

Can I Use a Small Estate Affidavit Just for Bank Accounts?

Yes, and this is one of the most common uses. If the deceased person's only significant asset is a bank account or two, and the total balance is under $25,000, a small estate affidavit may be all you need. Some banks in Michigan have their own internal forms they prefer, but the statutory affidavit generally works. If this matches your situation, read more about using a small estate affidavit for bank accounts only.

What Are Common Mistakes People Make?

Here are the errors that come up most often when people try to choose between these two options:

Forgetting to count all assets. People sometimes overlook a vehicle, an uncashed tax refund, or a small investment account. If the total goes over $25,000, the affidavit won't work, and the bank or financial institution will reject it.
Trying to use the affidavit for real estate. Michigan's small estate affidavit does not transfer real property. If the deceased owned a home, you'll need probate regardless of the home's value (or another transfer mechanism if it was held in a trust or joint tenancy).
Not waiting the full 28 days. The statute requires a 28-day waiting period after death before the affidavit can be used. Submitting it early leads to rejection.
Sending the affidavit to the wrong place. The affidavit goes to the asset holder the bank, the credit union, the vehicle title bureau not to the probate court.
Assuming you don't need any paperwork. Even though a small estate affidavit skips probate, you'll still need a certified death certificate and identification proving your relationship to the deceased.

If you want a step-by-step walkthrough to avoid these pitfalls, this guide on how to fill out a small estate affidavit form in Michigan covers the process in detail.

What If the Estate Is Right Around the $25,000 Line?

This is where it gets tricky. If you're close to the threshold, get a clear accounting of every asset before deciding. Include:

All bank and credit union accounts
Cash and uncashed checks
Vehicles (use fair market value, not what was originally paid)
Personal property with meaningful value (jewelry, collectibles, equipment)
Any money owed to the deceased

Then subtract funeral and burial expenses, which are allowed deductions under the statute. If the net total is at or under $25,000, the affidavit route is available.

When in doubt, it's worth a brief consultation with a probate attorney. A 30-minute conversation can save you from starting the wrong process and having to backtrack.

Quick Side-by-Side Comparison

Small estate affidavit: No court involvement, fast (days to weeks), free or nearly free, limited to $25,000 or less, no real estate
Full probate: Court-supervised, takes months to over a year, involves filing fees and potential attorney costs, handles any size estate, required for real estate transfers

Your Next Step: Figure Out the Estate Value and Take Action

List every asset the deceased owned that would go through probate. Don't forget vehicles, small accounts, and personal property.
Subtract funeral and burial costs from that total.
If the total is $25,000 or less and there's no real estate the small estate affidavit is likely your best option. Make sure at least 28 days have passed since the date of death, then complete the affidavit and present it to each asset holder along with a certified death certificate.
If the total exceeds $25,000 or includes real estate you'll need to open a probate proceeding. Contact the probate court in the county where the deceased lived, or speak with a probate attorney about whether informal or supervised probate fits your situation.
Get organized early. Gather the death certificate, the deceased's financial statements, and any will or trust documents before you begin either process.

Taking the right path from the start saves you time, money, and unnecessary stress during an already difficult time.