Michigan Estate Planning Resources
In-depth guides covering Michigan probate laws, trust requirements, and estate planning strategies.
In-depth guides covering Michigan probate laws, trust requirements, and estate planning strategies.
Complete Michigan's official PC 598 Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent for estates up to $53,000. MCL 700.3983-700.3984.
Step 1 of 5
The Michigan affidavit identifies the claiming successor and the basis of entitlement.
The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.
The successor signing the affidavit.
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Yes — PC 598 Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent. This tool completes the official form with the estate, successor, and property details.
$53,000, per MCL 700.3983-700.3984. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.
28 days after the death (MCL 700.3983-700.3984). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.
A person claiming to be the decedent's successor — the sworn statement is 'made by or on behalf of the successor' — 28 days after the decedent's death. The SCAO form frames the claim as surviving spouse, adult child, other heir, devisee under the will, or fiduciary/representative of an heir or devisee with a legal incapacity. MCL 700.3983(1).
The person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent, upon being presented the decedent's death certificate and the sworn statement. A transfer agent of a security must change registered ownership on presentation of the sworn statement.
The Michigan affidavit is signed before a notary (MCL 700.3983(1) ("sworn statement"), (3) (perjury notice); PC 598 jurat ("Subscribed and sworn to before me")).
A person paying, delivering, transferring, or issuing property under the sworn statement is discharged and released to the same extent as if dealing with the personal representative, with no duty to inquire into the truth of any statement; if a holder refuses, payment or delivery may be compelled in a proceeding by or on behalf of the persons entitled. The recipient is answerable and accountable to a personal representative or another person with a superior right (MCL 700.3984).
The sworn statement is unavailable if the estate includes any real property (MCL 700.3983(1)(a) requires stating "the estate does not include real property"). The court-ordered small-estate assignment under MCL 700.3982 is the alternative that can reach real property (its gross-estate calculation deducts up to $250,000 of indebtedness encumbering estate real property, § 3982(5)). MCL 700.3983(1)(a).
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