How do I file a small estate affidavit in Michigan? Do I need to get it notarized?
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Okay. Based on Michigan law and local procedures in Wayne County, here's what you'll need to know about filing a small estate affidavit:
- Statutory Limit: The statutory limit for a small estate affidavit in Michigan is $50,000 (MCL - Section 700.3982). This means if the estate is worth more than that, you'll have to go through probate.
- No Known Probate: If probate is already underway, you can't file a small estate affidavit in Michigan.
- Notarization: Michigan law requires the small estate affidavit to be notarized. This verifies your signature and confirms you're attesting to the facts under penalty of perjury.
- Additional Forms: Attach proof of ownership of any properties listed on the small estate affidavit when you file the document with the probate court.
- Waiting Period: In Michigan, you can't file a small estate affidavit until 28 days have passed since the decedent died (MCL - Section 700.3983).
- Filing: File the notarized affidavit with the probate court in Wayne County. Check this list of probate courts if you intend to file elsewhere in Michigan.
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Do I need to get a small estate affidavit notarized, and how do I turn it in in Wayne County, Michigan? Do I need to do anything else or fill out any other forms?
I understand you have questions about the small estate affidavit process in Wayne County, Michigan. Have you already completed the small estate affidavit form?
Yes.
Are you the appointed personal representative or executor of the estate for which you are filing the small estate affidavit?
No, we do not yet have an appointed personal representative or executor. I am the next of kin—the grandson of the deceased.
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help.
There is no known will.
Hello! I'm Andres Sanchez, an estate law expert here to assist you. It sounds like you're navigating a lot with your family estate, and I'm here to help guide you through the process. How are you?
Good, thank you. Hoping to get this taken care of. This is a very small estate—the deceased had no vehicle, very little money in a bank account, and no debt to our knowledge. She only has a trailer which we do not plan to take ownership of.
Okay. Based on Michigan law and local procedures in Wayne County, here's what you'll need to know about filing a small estate affidavit:
- Statutory Limit: The statutory limit for a small estate affidavit in Michigan is $50,000 (MCL - Section 700.3982). This means if the estate is worth more than that, you'll have to go through probate.
- No Known Probate: If probate is already underway, you can't file a small estate affidavit in Michigan.
- Notarization: Michigan law requires the small estate affidavit to be notarized. This verifies your signature and confirms you're attesting to the facts under penalty of perjury.
- Additional Forms: Attach proof of ownership of any properties listed on the small estate affidavit when you file the document with the probate court.
- Waiting Period: In Michigan, you can't file a small estate affidavit until 28 days have passed since the decedent died (MCL - Section 700.3983).
- Filing: File the notarized affidavit with the probate court in Wayne County. Check this list of probate courts if you intend to file elsewhere in Michigan.
Because we are also dealing with the health issues of my mother, we want to know if it is possible to appoint my wife as the executor of the estate so she can handle this for us.
Yes, it’s possible to petition the court to appoint your wife as the personal representative, even though she’s not a blood relative. Keep in mind:
- Consent from All Interested Parties: You and your brother, as next of kin, need to agree on her appointment. If everyone consents, the court is more likely to approve.
- Court’s Discretion: The probate court can appoint someone outside the priority list if it's in the estate's best interest and all parties agree.
- Proper Petitioning: You’ll need to file a petition requesting your wife’s appointment. Include a signed statement from you and your brother explaining why she’s best suited to manage the estate.
Okay, thank you so much. I appreciate all your help!
You’re welcome. I hope everything works out for you.
