Michigan Affidavit of Heirship for the Owner of the Property

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Multi-State
Control #:
US-OG-179-5
Format:
Word; 
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Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public).
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How to fill out Affidavit Of Heirship For The Owner Of The Property?

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FAQ

Michigan law (MCL 700.3982) allows small estates to be probated using an expedited process if the balance of the gross estate after payment of the decedent's funeral and burial expenses is $15,000 or less.

A claim is barred if proper notice is given and the claim is not presented in a timely fashion. If the notice requirements have not been met, a claim is barred 3 years after the decedent's death.

Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent (PC 598) may be used to affirm the following: More than 28 days have passed since the death of the decedent. The estate does not include real property.

To use this process, all of the following must be true about the estate: It does not include real property. It has a value less than or equal to the limits for a small estate ($27,000 for decedents who died in 2023) There is not an application for a personal representative filed or granted.

What Are Michigan's Requirements For The Small Estate Affidavit? As part of the affidavit, the person filling out the paperwork, known as ?the affiant,? must provide certain information, including the deceased person's personal information, date of death, and a list of the deceased's property and debts.

Real Estate Probate ? If a property is valued below $22,000, a spouse or any surviving heirs can petition a probate court to have the estate probated. For estates valued above $22,000 there is a formal supervised probate process which requires the appointment of a personal representative to distribute the estate.

The dollar limit can change each year. If a person dies in 2023, an estate must be valued at $27,000 or less to be small. If a person died in 2022, an estate must be valued at $25,000 or less. If a person died in 2020 or 2021, an estate must be valued at $24,000 or less.

The Declaration of Heirs aims to legally establish the quality of heirs who succeed in an inheritance, establishing their legitimacy to proceed to the division of that inheritance. As a rule, the declaration is made to designate the heirs; and not some legatees who also succeed in that inheritance.

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Michigan Affidavit of Heirship for the Owner of the Property