A Michigan affidavit form is a sworn written statement you complete, sign before a notary public, and then deliver to a court, the county register of deeds, or a private institution depending on its purpose. Most of the forms people need are published for free by the State Court Administrative Office (SCAO) and available through the Michigan Courts website.1Michigan Courts. SCAO-Approved Court Forms Whatever the type, the signer must have direct personal knowledge of the facts stated, and the signature must be witnessed by a commissioned notary.
Pick the Right Form for Your Situation
The form you need depends on what you are trying to accomplish. Three situations cover most searches.
Collecting a small estate. The Affidavit of Decedent’s Successor for Delivery of Certain Assets, form PC 598, lets heirs collect a deceased person’s personal property without opening full probate. You can use it when the estate’s value (minus debts and liens) falls below the annual threshold, which is $53,000 for deaths occurring in 2026.2Kent County, MI. Small Estates The threshold adjusts each year under MCL 700.1210.3Michigan Legislature. Michigan Compiled Laws 700.1210 – Cost of Living Adjustment The estate cannot include any real property, and at least 28 days must have passed since the death before you can present the affidavit.4Michigan Courts. PC 598 – Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent
Clearing up a real estate title. Under MCL 565.451a, anyone with personal knowledge of the relevant facts can record an affidavit addressing matters like marital status, identity of parties named in recorded deeds, heirship, or homestead status.5Michigan Legislature. Michigan Compiled Laws 565.451a – Affidavit Stating Facts Relating to Matters Affecting Realty A separate statute, MCL 565.451d, covers affidavits used to correct scrivener’s errors or recording-location mistakes in previously filed documents.6Michigan Legislature. Michigan Compiled Laws 565.451d – Correction of Errors or Omissions
Transferring title after a death without probate. An affidavit of heirship can sometimes transfer real property when all heirs are cooperating adults. This is not an SCAO form; it is prepared by a title company or attorney, and the person signing must be a disinterested third party who personally knew the deceased and their family. One boundary to be aware of: if your situation involves filing a medical malpractice lawsuit, the required affidavit of merit under MCL 600.2912d is signed by a qualified health professional, not by you.7Michigan Legislature. Michigan Compiled Laws 600.2912d – Action Alleging Medical Malpractice
Fill It Out Correctly
Every factual statement in a Michigan affidavit must come from your own direct knowledge, not from what someone told you or from assumptions. If a statement refers to a specific document (a contract, a photograph, a medical record), label the attachment as Exhibit A, Exhibit B, and so on, and reference those labels in the body.
Double-check every date, dollar amount, and identifying number before you sign. For a court-filed affidavit, the caption at the top must include the correct case number, the names of all parties, and the name of the court. A mismatched case number or misspelled party name can delay acceptance or force you to refile.
What the PC 598 Small Estate Affidavit Requires
Because the PC 598 is the form Michigan residents fill out most often, and because banks will reject an incomplete one, here is what the form asks for.4Michigan Courts. PC 598 – Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent
- Decedent’s full legal name, city or township of residence at death, county, state, and date of death.
- Your status as successor: surviving spouse, adult child, other heir, devisee under a will (include the will’s date), or a fiduciary acting on behalf of an heir who lacks legal capacity.
- An affirmation that the estate’s value, after subtracting liens and encumbrances, does not exceed the current threshold.
- Confirmation that the estate includes no real property. If the deceased owned a house or land, this form cannot be used.
- Confirmation that no personal representative has been appointed and no application for appointment is pending.
- Confirmation that no court petition for assignment of estate assets has been submitted.
- A description of the specific property you are claiming: bank account numbers, vehicle titles, insurance proceeds, or other personal property.
- Name, address, relationship, and percentage share of every other person entitled to a portion of the estate.
- A copy of the death certificate attached to the completed form.
Sign only in front of the notary. The form carries a warning that a false statement subjects you to prosecution for perjury.
Get It Notarized
A Michigan affidavit is not valid without proper notarization. The governing law is the Michigan Law on Notarial Acts, which begins at MCL 55.261.8Michigan Legislature. Michigan Compiled Laws 55.261 – Short Title A valid notarization involves four steps:
- The notary verifies your identity through personal knowledge, a government-issued photo ID, or (for remote notarization) a credential analysis and identity proofing process.
- The notary administers an oath or affirmation. You swear or affirm that the contents of the affidavit are true.
- You sign the document in the notary’s presence. Never sign before you arrive.
- The notary completes the jurat block with their official signature, commission expiration date, the county where they hold their commission, and (if different) the county where the notarization is taking place.
Michigan notaries can charge up to $10 per notarial act.9State of Michigan. Notary Services Many banks and credit unions provide notary services to customers at no cost, so check there first.
If you cannot appear in person, Michigan allows remote electronic notarization under MCL 55.286b. You connect with the notary through a live audio-video session on a state-approved electronic platform that performs credential analysis on your ID and runs identity proofing against public and proprietary databases.10Michigan Legislature. Michigan Compiled Laws Chapter 55 – Notaries Public The notary watches you sign electronically in real time and applies their own electronic signature and seal.
File or Deliver the Signed Affidavit
Where the completed affidavit goes depends entirely on its purpose.
Court Filings Through MiFILE
Affidavits tied to litigation go to the court clerk handling your case through the MiFILE electronic filing system. Register for a free account at mifile.courts.michigan.gov. Documents submitted by 11:59 p.m. on a business day are considered filed that day; submissions on weekends or holidays are deemed filed the next business day.11Michigan Courts. Filer FAQ Uploaded files must be 25 MB or smaller and can be in PDF, Word, RTF, TXT, or common image formats.
E-filing fees depend on the court: $25 for circuit court, probate court, and court of claims filings; $20 for district court civil actions that combine a money-damages claim with other relief; and $5 for small claims division filings.12Michigan Legal Help. Paying Fees in E-Filed Cases You can request a fee waiver at the time of filing under MCR 2.002 if your income qualifies.
Recording at the Register of Deeds
Affidavits affecting real property, including title affidavits under MCL 565.451a, affidavits of heirship, and correction affidavits, must be recorded with the register of deeds in the county where the property sits. The statutory recording fee is $30 per document regardless of page count under MCL 600.2567, which includes both the remonumentation fee and the automation fund contribution.13Michigan Legislature. Michigan Compiled Laws 600.2567 – Register of Deeds Fees The legal description of the property must match the description in the recorded deed exactly, so pull the most recent deed from the register of deeds and copy the description verbatim rather than working from memory or a tax bill.
Presenting a Small Estate Affidavit to a Bank or Other Holder
The PC 598 is not filed with any court or government office. You bring the original notarized affidavit and a copy of the death certificate directly to the bank, credit union, brokerage firm, or other entity holding the decedent’s property. The institution reviews your documents and releases the assets to you.2Kent County, MI. Small Estates If the institution asks for a certified copy rather than the original, the notary can prepare one.
Mistakes That Get Affidavits Rejected
The most common problem is an incomplete notary block. If the notary leaves out their commission expiration date or the county of acting, the receiving institution or court clerk will send the document back. A close second is signing the affidavit before you are in the notary’s presence. A pre-signed document cannot receive a valid jurat.
For the PC 598 specifically, presenting the affidavit before 28 days have passed since the death will get you turned away. So will forgetting to attach the death certificate or leaving the other-heirs section blank when additional heirs exist. Banks are cautious with these forms because they face liability if they release funds to the wrong person, so expect them to scrutinize every detail.
On real estate affidavits, even a minor discrepancy in the legal description, such as a transposed lot number or a missing subdivision name, can prevent recording. Copying the description straight from the recorded deed is the fix.