Free Michigan Affidavit of Heirship Form

Understanding the Michigan Affidavit of Heirship Form

Death of a loved one brings about the problems of settling the estate. The Michigan law offers a range of tools to those heirs, particularly in the case of a small estate. Where the statutory affidavit of heirship does not convey title, heirs can rely on sworn statements, small-estate court orders, or special-purpose affidavits to support title. It is possible to use the Michigan Affidavit of Heirship Form to give family lineage, to demand personal property, or to substantiate property records. These affidavits are commonly used by the families in Detroit, Grand Rapids and Lansing during the estate settlement process.

What Is an Affidavit of Heirship Form in Michigan?

The Affidavit of Heirship is a document signed under oath and listing the heirs to a deceased individual and describing their inherited rights. It is frequently employed on the personal property, including bank accounts or cars. It is not an automatic transfer of land, but some heirs also record an affidavit of heirship of a house to give a succession record in county property records. The affidavits may be useful when dealing with title companies or when the probate is conducted later.

Sworn Statement for Personal Property

• Under MCL 700.3983, heirs may use a sworn statement, also known as the Affidavit of Decedent’s Successor (Form PC 598), to claim personal property. This option becomes available 28 days after the decedent’s death and may be used only if:

  • The estate includes no real property.

  • The estate’s value, after deducting liens, does not exceed $50,000 (adjusted annually for inflation).

  • No probate petition is currently pending.

  • The person presenting the affidavit is entitled to inherit.

  By submitting the affidavit along with a certified death certificate, heirs can collect money from bank accounts, securities, or even vehicle titles. For example, in Ann Arbor or Flint, heirs may use this process to transfer ownership of a car or release small financial assets. Institutions that comply are legally protected against future claims.

Court Order for Small Estates

Another option is the court order for assignment of property under MCL 700.3982. If the gross estate, after funeral expenses, is $50,000 or less, the probate court may assign the entire estate to the surviving spouse or heirs. This process can include real estate, making it especially useful for families with modest property holdings.

The court ensures funeral expenses are covered first, and then the remainder of the estate is distributed to heirs. Families in Warren or Sterling Heights often use this approach when a small house or modest assets are involved. While it provides legal protection, heirs remain responsible for debts for a limited time following distribution.

Affidavit of Heirship for a House

A statutory affidavit of heirship to transfer real estate is not recognised by Michigan law. But in practice, custom affidavits of heirship on a house are occasionally drafted by heirs or attorneys and signed by witnesses and notarised to assist in keeping the chain of title. These affidavits may be acceptable to title insurers reviewing property but are not legally binding.

Heirs might require the law of probate proceedings or quiet-title action to have a clear title. Troy/Dearborn heirs, to list one, can file an affidavit of heirship to a house to note the history of ownership, and buyers and lenders typically still insist on probate certification before acknowledging absolute ownership rights.

Why Use These Affidavits of Heirship?

• Affidavits help heirs in Michigan because they:

  • Provide a simplified way to collect personal property.

  • Reduce the need for full probate in qualifying estates.

  • Support title insurers and buyers with additional documentation.

  • Clarify inheritance rights within the family.

  Another example: a Kalamazoo-based family may employ the sworn statement to obtain a bank account, whereas a court order is employed by heirs at Livonia to change the ownership of a small property.

Steps to Complete the Michigan Affidavit of Heirship Form

• 1. Gather Information – Collect the decedent’s details, list of heirs, and property information.

  2. Draft the Affidavit – Write a template Affidavit of heirship including details of heirs and descriptions of property.

  3. Attach Documents – Include a certified copy of the death certificate and other relevant records.

  4. Notarise the Form – Sign in the presence of a notary to verify the affidavit.

  5. Submit or Record – Present the affidavit to banks, the Secretary of State (in the case of vehicles), or place it on the record of county property in the case of real estate.

Common Questions

1. Can the Michigan Affidavit of Heirship Form transfer real estate?
Not directly. Real estate usually requires probate or a court order.

2. Is there a statutory affidavit for personal property?
Yes. The Affidavit of Decedent’s Successor (PC 598) allows heirs to collect assets valued at $50,000 or less.

3. What if the estate includes both real property and personal assets?
The probate court’s small-estate order may be used if the estate meets the value requirement.

4. Does an affidavit of heirship for a house guarantee title?
No. It may clarify records but does not replace probate or a quiet-title action.

Accessing the Right Form

At this website, you may prepare and download a state-specific form of the Michigan Affidavit of Heirship. Adoption of the proper form will mean adherence to the Michigan probate laws and also offer the heirs a legal and reliable method of settling the estate.