Navigating Michigan’s Simplified Probate Process for Small Estates: What You Need to Know

By: Sarah Meinhart, estate planning attorney 

When a loved one passes away, the thought of navigating probate court can feel overwhelming. Luckily, Michigan law provides simplified procedures for handling small estates saving time, money, and stress for grieving families. These streamlined processes allow certain property transfers without full probate court involvement. Our estate planning attorneys in Ann Arbor can help you determine whether your loved one’s estate qualifies and guide you through the steps.

What Is Considered a Small Estate in Michigan?

Michigan law allows certain estates with limited assets to bypass traditional probate. Depending on the type of property involved, heirs and beneficiaries may be able to use simplified transfers with little or no court involvement. These options can be a tremendous relief when an estate consists of only a few assets.

Transfer by Affidavit

A small estate consisting of entirely personal property may qualify for the “Transfer by Affidavit” procedure. A decedent’s successor can execute an affidavit for delivery to someone who is holding a decedent’s property in order to receive the property. 

Transfer of Money from Wages and Benefits

If there is no other property for which probate court estate administration is required, money from wages or fringe benefits may be transferred from an employer of the decedent without Court intervention.  

Transfer of Vehicles

The title of a decedent’s registered vehicle may be transferred without court intervention if the total value of the decedent’s solely owned vehicles do not exceed $100,000 and there is no other property for which probate court administration is required.  

Transfer of Clothing and Personal Items

The decedent’s clothing and cash of $500 or less may be transferred to an heir by particular entities without court intervention. For example, a hospital, convalescent or nursing home, morgue, or police agency may make the transfer to a spouse, child, or parent with proof of identification. 

Why Work with an Estate Planning Attorney?

While these procedures are designed to be straightforward, determining whether an estate qualifies as a “small estate” can still be complex. Documentation must be completed properly, and in some cases, heirs may have competing interests. An estate planning attorney in Ann Arbor can:

• Assess whether your loved one’s estate qualifies for simplified probate procedures
• Ensure affidavits and legal documents are properly prepared
• Help avoid mistakes that could delay the process
• Provide guidance if disputes arise among heirs

Get Help Navigating Small Estate Transfers

Michigan’s simplified probate process for small estates provides families with valuable alternatives to traditional probate court administration. Whether it’s transferring a vehicle, collecting wages, or using a transfer by affidavit, these options can save time and reduce stress during a difficult period. Working with our experienced estate planning attorneys in Ann Arbor  can give you peace of mind and ensure the process goes smoothly.