What the rule says
Michigan provides a streamlined procedure for administering small estates under the Estates and Protected Individuals Code. Mich. Comp. Laws § 700.3982 authorizes a petition and order for assignment when:
- The decedent's estate, after subtracting funeral and burial expenses, does not exceed approximately $27,000 (the threshold is $15,000 in the original statute but is indexed for inflation; the figure for the year of the decedent's death applies) - Any interested party (heir, devisee, or person interested in the estate) files the petition - The petition includes specific information about the decedent, heirs, and assets
The procedure works through a court order rather than a personal representative. Once the court issues the order assigning the estate, distribution proceeds without ongoing administration. No personal representative is appointed.
How the procedure works
A typical Michigan small-estate procedure:
1. The petitioner files in probate court. In the county where the decedent was domiciled. 2. The petition includes specific information. Decedent's identity, date of death, heirs and devisees, assets, and other required details. 3. The court reviews and issues an order. If requirements are met, the court assigns the estate property to the entitled persons. 4. Distribution occurs. The order operates as the authority for transfer of property.
The procedure typically completes in 4-8 weeks, compared to 6-12 months or longer for full administration.
What this means in practice
Key practical points:
- The threshold is indexed for inflation. The original $15,000 threshold has been indexed and is now in the $27,000 range for 2026. Petitioners should verify the current indexed figure with the probate court. - Funeral expenses are deducted before applying the threshold. A $30,000 estate with $4,000 of funeral expenses is below the threshold for small-estate purposes. - Real property is included in the threshold calculation. Unlike some states (Illinois, for example, which excludes real property from its small-estate calculation), Michigan includes all property — real and personal — in the threshold. - The procedure handles both real and personal property. The court order can authorize transfer of real estate as well as personal property. - No 30-day waiting period. Unlike some states' affidavit procedures, Michigan's small-estate petition can be filed at any time.
How this fits with Michigan's other procedures
Michigan offers several alternatives to formal administration:
- Small-estate petition (§ 700.3982): Up to $27,000 (indexed). Court order; no personal representative. - Affidavit procedure (§ 700.3983): Personal property up to $27,000 (indexed) collectible by affidavit without court involvement (similar to Illinois's small-estate affidavit). - Independent probate: Streamlined formal administration with limited court supervision. Available for most estates. - Supervised probate: Full court-supervised administration when warranted.
The small-estate petition is most useful when real property is involved. The affidavit procedure under § 700.3983 is for personal property only and can be used without court involvement.
What you can do about it
For a survivor of a Michigan decedent considering small-estate procedures:
1. Calculate the estate value. Subtract funeral and burial expenses. If the result is below the indexed threshold, the small-estate procedure is available. 2. Determine whether real property is involved. If yes, the petition procedure under § 700.3982 is needed. If only personal property, the affidavit procedure under § 700.3983 is simpler. 3. File the petition. With the probate court in the county of domicile. 4. Distribute property after the order is issued.
For estate planners advising Michigan clients:
- Use non-probate transfers strategically. Lady Bird deeds (covered separately), TOD deeds, beneficiary designations, and joint tenancy can keep property outside probate entirely. - Account for indexing. The threshold is indexed; older planning documents referencing $15,000 may be outdated.
Who this affects most
The Michigan small-estate petition is most relevant for:
- Survivors of Michigan decedents with modest probate estates including real property - Households where the decedent had a modest home and limited other assets - Heirs who would otherwise face full probate's complexity for a modest estate - Estate planners structuring estates to avoid full probate through threshold management
Michigan's procedure handles both real and personal property within the threshold, making it more flexible than some states' personal-property-only procedures. Combined with non-probate transfer tools (Lady Bird deeds being particularly Michigan-specific), the procedure allows many Michigan estates to avoid formal administration entirely.