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Small Estate Affidavit Michigan Form

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Small Estate Affidavit Michigan Form

Apply a small estate affidavit MI if your closest relative (a spouse, sibling, or child) passed away and left an unclaimed inheritance. This method is a simplified analogy to probation and reduces the number of documents to transfer the funds to your ownership.

What Is a Small Estate Affidavit in Michigan?

The general definition of the term doesn’t differ from what happens in other states — it is a sworn document that lets heirs of the deceased be entitled candidates for a particular part of the left assets in an expedited way. 

When all the conditions are satisfied, you will get access to the funds of the person who died without the Probate Court. M.C.L.A. 700.3983 coordinates the performance of interested parties who desire to create and submit a small estate affidavit in Michigan.

MI Small Estate Affidavit: Requirements

According to the Michigan probate law small estate formulation, you don’t have to apply the document to the court under certain conditions:

  • Time After Death: 28 days
  • Small estate limit: $25,000 (as of 2022-2023)
  • Notarization: Obligatory

Time After Death of the Decedent

In MI, you need to wait for twenty-eight (28) days after the person’s death to be able to complete the form and claim your inheritance property.

Small estate limit

The maximum amount of small estate assets to inherit is defined as $25,000. The State Treasurer’s adjustments might influence the sum to obtain. This factor is measured additionally. In 2021, this amount was $24,000, while it reached $25,000 in 2022.

Signing and Notarizing

The Michigan state requires you to notarize the small estate affidavit. 

How to Get a Small Estate Affidavit in Michigan

Obtaining a small estate affidavit form in Michigan won’t interfere with the descendant’s will and testament. In general, these files specify who shall inherit the deceased’s assets. Its presence doesn’t waive the need for Probate Court. You can omit this experience when claiming inheritance only when the small estate affidavit limit requirement is satisfied. Without a will, you can be considered as an affiant if:

  • You are the spouse of the deceased person. According to the Michigan Compiled Laws, this candidate is the first person to claim for a certain part of the gross small estate balance.
  • You are the child of the decedent. You can either share your successor right with other heirs or be a sole candidate with no other potential affiants.
  • You are the sibling of the deceased. Compared to the percentage of the assets distributed to the spouse and children of the relative who passed away, it will be lower.
  • You are the parent of the decedent and also have the right to get some of your child’s assets.

Small Estate Affidavit Michigan 2023: Instructions

If the assets were primarily held in the name of the deceased, then it is a mandatory process to proceed with inheritance rights and assets’ distribution through probate.

If the individual’s capital is jointly owned and you are one of the closest successors, you can obtain a Michigan small estate affidavit and get a beneficial designation of your right. In this case, you can directly contact banks or other related institutions to transfer your part of the assets within the established limit.

To ensure you are an eligible candidate for someone’s inheritance, you have to:

  • check your claimed inheritance doesn’t surpass the Michigan small estate affidavit limit ($25,000 as of 2022);
  • check whether there are other heirs of the decedent and verify their relationship to the person;
  • contact other successors to get their valid personal details;
  • verify the number of days after the decedent’s death — 28 days according to the Michigan Legislature.

How to Notarize Small Estate Affidavit Michigan Online

Notarizing a small estate affidavit Michigan form is obligatory for any affiant. Otherwise, corresponding financial and government establishments won’t accept the file. PandaDoc Notary makes your MI small estate affidavit notarization easy online. 

Step 1: Open the Document Template

Sign up or log in to PandaDoc and select the blank MI small estate affidavit form. You can invite other document collaborators via email if necessary. 

Step 2: Complete the Small Estate Affidavit Form

Write down all the requested information for each section and place your e-signature.

Step 3: Find the Notary

Once all your data is ready, move to the Notary tab and Create a New Request. Review the document and proceed to Notarize Now. The system will find an available notary for you and join you in video call.  

Step 4. Finalize and Notarize

To notarize the form, you need to verify your identity. You can use your state ID, passport, permanent residence card, etc. Once that’s done, the notary places his signature and returns a notarized MI small estate affidavit form. You can share it online with target recipients and download or print out the page for free.

How to Fill Out a Michigan Small Estate Affidavit

The Michigan small estate affidavit 2022 form is a one-page document with a simple structure and accurate fields to fulfill:

  • Estate of — you have to provide the information about the decedent, namely their full name.
  • Article #1 — specify your relationship with the deceased. You have to state your name as a devisee under the will if your name is stated there or select the next checkbox if you are a fiduciary representative of the decedent.
  • Article #2 — note the decedent’s last place of long-term residence — city, township, country, state, and date.
  • Article #3 statement — after complying with the waiting-time requirement, you confirm that no real property is included in the small estate assets of the deceased.
  • Article #4 statement — you adhere to the financial limit of a small estate affidavit in Michigan.
  • Article #5 statement — you confirm the legacy of this petition as a personal representative claiming for inheritance.
  • Article #6 — you highlight your entitlement to perceive the particular property of the relative who passed away. You should specify the monetary worth of the estate balance here.
  • Article #7 — relates to the previous form and requires you to mention the names of heirs and their shares of the assets to inherit.
  • Article #8 statement — you have to attach the death certificate duplicate.
  • For other articles — your task is to provide your printed or typed name and address and sign the document.
  • Notary public section — a specialist checks and certifies this sworn document.

When the procedure is finalized, you can submit the document to the target band and achieve your part of the inheritance.

FAQ

What is the purpose of a small estate affidavit in Michigan?

Filling out and signing this MI document permits the spouse or other successors of the decedent to get access to their property and change the ownership rights to their own. It is usually forwarded to a bank whether the assets of the deceased are located to redeliver the share of a target affiant on their account. In Michigan, this process is preferred to avoid submitting inheritance files to the court and, therefore, prolonging the procedure. Of course, all the requirements have to be fulfilled to get it started.

What is the small estate affidavit amount in Michigan?

You can expect to get only up to $15,000 after submitting a small estate affidavit in Michigan. Regulated by M.C.L 700.3983, MI small estate affidavit forms require probation if the gross estate sum exceeds the aforementioned amount. The process also enables affiants to apply for the reimbursement of the funds spent on the funeral of a relative who passed away. This cost is included in the basic limit for the amount of money to obtain through a small estate affidavit.

Does a small estate affidavit need to be notarized in Michigan?

Yes. Notarization is a must-have procedure for such types of legal operations in the state. The process is a legal alternative to authorizing your rights for the target part of the decedent’s estate balance. At the same time, the notary public signature and seal work as an anti-fraud strategy and ensures scammers won’t get an opportunity to claim inheritance in an expedited way on your behalf.

How do I file a small estate affidavit in Michigan?

Although a small estate affidavit has the same purpose across the states, their layouts are different from state to state. It is more reasonable to apply the form that is established in your area than adjust the template of someone else. This will help you comply with the law framework in Michigan and provide accurate details that will be accepted and notarized without difficulty and delays even online.

What does it cost for a small estate affidavit in Michigan?

Along with an inventory charge, which may be computed in this case, you have to cover the filling fee of $37 dollars. Providing a duplicate of the status-indicating funeral bill and death certificate copy is necessary. The cost of notarization also influences your related expenditures. If you prefer a local notary center and sign the document in front of the agency representative, you should check the price of the procedure locally. Notarization online is more cost-efficient.