Administration Small Estates

In most states, however, there is the option to use a small estate affidavit when the assets of the estate are under a certain dollar amount, which varies by state. An attorney is not required to file a small estate affidavit, although it may be helpful to consult with one prior to filing the small estate affidavit.

In order to qualify for a simplified process, an estate must be valued at or below $24,000 for a decedent who died in 2020. This number goes up every few years. To learn more about the simplified processes, read the article An Overview of Small Estate Processes.

In Michigan you can use an Affidavit if the estate does not include real property and the value of the entire estate, less liens and encumbrances, is less than $15,000. There is a 28-day waiting period.

Formal Probate Most Michigan probate cases can be wrapped up within seven months to a year after the personal representative is appointed. After notice of the probate is given, creditors have four months to file a claim.

Whether an estate is small depends on the value of the property in it. The dollar limit can change each year. If a person dies in 2020, an estate must be valued at $24,000 or less to be small. If a person dies in 2019 or 2018, an estate must be valued at $23,000 or less.

Small estate administration is a simplified court procedure that is an alternative to the longer probate process.This procedure asks the court to allow you to divide and distribute their property to people who either have a legal right to inherit or listed in the testator's will.