To collect a deceased Michigan resident’s personal property without opening probate, you download the Michigan small estate affidavit PDF (Form PC 598) from the Michigan Courts website, wait until at least 28 days have passed since the death, sign it in front of a notary, and present it with a certified death certificate to whoever is holding the property. The shortcut only works if the estate is worth $53,000 or less in 2026 and contains no real estate at all. If the deceased owned a house, a condo, or even a vacant lot, this form is not an option, and you will need a different probate process.
Who Can Use Form PC 598
Four conditions all have to be true before the affidavit is available to you:
- At least 28 days have passed since the date of death. The waiting period gives anyone else time to open a formal probate case first.
- The estate contains no real property. Not a house, not vacant land, not a partial ownership interest.
- The net value of the estate is $53,000 or less for a death occurring in 2026.
- No personal representative has been appointed for the estate, and no application to appoint one is pending in any court.
These come from MCL 700.3983, the statute governing collection of personal property by sworn statement.1Michigan Legislature. Michigan Code 700.3983 – Collection of Personal Property by Sworn Statement
How the $53,000 Threshold Is Calculated
The limit applies to net value, not gross. You subtract any liens or encumbrances tied to specific assets before comparing to the cap.1Michigan Legislature. Michigan Code 700.3983 – Collection of Personal Property by Sworn Statement A $15,000 car with a $10,000 loan against it counts as $5,000.
The base figure in the statute is $50,000, but MCL 700.1210 requires the Michigan Department of Treasury to publish an annual cost-of-living factor.2Michigan Legislature. Michigan Code 700.1210 For 2026, Treasury applied a factor of 1.057 and rounded to the nearest $1,000, producing the $53,000 ceiling.3Michigan Department of Treasury. Estates and Protected Individuals Code Cost-of-Living Adjustments to Specific Dollar Amounts
Who Counts as a Successor
A successor is anyone entitled to the deceased person’s property, either under a will or under Michigan’s intestacy rules when there is no will. That is typically a surviving spouse, adult children, or other heirs. Form PC 598 asks you to identify your relationship: surviving spouse, adult child, other heir, or devisee under a dated will.4Michigan Courts. Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent
What the Affidavit Covers
PC 598 works for personal property only: bank accounts, brokerage and investment accounts, stock certificates, vehicles, tangible items like jewelry or tools, and debts someone else owes to the deceased.
It cannot transfer real estate of any kind. The form itself requires you to swear under oath that no real property is included in the decedent’s estate.4Michigan Courts. Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent If real estate is involved, you will need either a court-ordered small estate proceeding under MCL 700.3982 or a full probate administration.5Michigan Legislature. Michigan Code 700.3982
Some assets never touch this process at all. Joint accounts with rights of survivorship, payable-on-death accounts, retirement accounts with named beneficiaries, and life insurance with a named beneficiary transfer automatically. You do not use PC 598 for those, and their value does not count toward the $53,000 threshold, because they were never part of the probate estate.
Filling Out Form PC 598
The fillable PDF is on the Michigan Courts website.4Michigan Courts. Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent Work through it carefully:
- Enter the decedent’s full legal name exactly as it appears on the death certificate, along with the city or township, county, state, and exact date of death. Banks will compare the two documents side by side.
- Describe each item of property specifically. Include bank account numbers with the institution’s name, vehicle year, make, model, and VIN, and full brokerage account details. Vague descriptions give holders a reason to refuse.
- Check the box that matches your relationship: surviving spouse, adult child, other heir, or devisee. If you are claiming as a devisee, include the date of the will.
- List every other person entitled to any share of the property, with their name, address, relationship to the deceased, and percentage share. Omitting a successor can create liability later.
- Read the sworn certifications: no real property, net value under the adjusted limit, no personal representative appointed, and no petition pending.
Do not sign at your kitchen table. Michigan requires the signature to be made under oath in front of a notary, who then signs, stamps, and dates the form.4Michigan Courts. Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent Banks, shipping stores, and many other locations offer notary services. The fee is usually around $10 to $15.
Using the Affidavit to Collect the Property
After it is notarized, bring the original affidavit and a certified copy of the death certificate to whoever holds the asset. For a bank account, that is the branch. For stocks, it is the transfer agent. For a debt owed to the deceased, it is the person who owes the money.
Under MCL 700.3983, the holder is required to pay the debt or deliver the property once presented with a valid affidavit and death certificate.1Michigan Legislature. Michigan Code 700.3983 – Collection of Personal Property by Sworn Statement Holders that comply in good faith are discharged from liability to the same extent as if they had dealt with a court-appointed personal representative, and they are not required to investigate whether your sworn statements are true.6Michigan Legislature. Michigan Code 700.3984
Most banks process these requests routinely. If a branch employee is unfamiliar with the form, ask them to consult their legal or estates department. Bringing a printed copy of MCL 700.3983 can help. If the institution still refuses, MCL 700.3984 allows you to bring a legal action to compel the transfer.
Vehicles Follow a Separate Process
Although PC 598 can technically cover a vehicle, the Michigan Secretary of State prefers its own TR-40 forms for title transfers after death.7Michigan Secretary of State. Transferring Vehicle Ownership of a Deceased Family Member There are three variants:
- TR-40a, filed by the surviving spouse or closest next-of-kin claiming the vehicle. Each qualifying heir files a separate TR-40a.
- TR-40b, signed by a qualifying heir who does not want the vehicle and is giving up any claim to it.
- TR-40c, used when the vehicle is going to someone other than the closest next-of-kin.
Along with the TR-40 forms, bring the current title (or proof of ownership if the title is missing), the death certificate, a lien release if there was a loan, and an odometer disclosure. The heir must certify that the estate is not being probated and that the total value of the deceased’s vehicles falls within the statutory limits.7Michigan Secretary of State. Transferring Vehicle Ownership of a Deceased Family Member All TR-40 paperwork must be verified in person at a Secretary of State branch.
What You Owe After You Collect
Getting the money out of the bank does not end your responsibility. Under MCL 700.3984, a person who collects property through this affidavit is answerable and accountable for it to any personal representative later appointed for the estate, and to anyone with a superior claim to the property.6Michigan Legislature. Michigan Code 700.3984 If a will surfaces later, or a creditor proves the estate owed a debt, you may have to give back some of what you received.
Legitimate debts of the deceased do not disappear because probate was skipped. Funeral costs, medical bills, and unpaid taxes are still obligations of the estate. If you collected $30,000 and the deceased left $8,000 in medical bills, a creditor can pursue you up to the value of what you took.
Perjury Risk
PC 598 carries a printed warning that a false statement on the affidavit may subject the signer to prosecution for perjury.4Michigan Courts. Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent Perjury in Michigan is a felony carrying up to 15 years in prison.8Michigan Legislature. Michigan Penal Code Chapter LXII – Section 750.423 Understating the estate’s value to fit under the cap, hiding real property, or claiming to be a successor when you are not can all trigger criminal exposure.
The Final Tax Return Still Has to Be Filed
Skipping probate does not skip taxes. If the deceased had income in the year of death, someone must file a final federal income tax return covering January 1 through the date of death, prepared the same way it would have been if the person were alive.9Internal Revenue Service. Filing a Final Federal Tax Return for Someone Who Has Died
When there is no court-appointed representative and no surviving spouse, the person in charge of the decedent’s property files and signs the return. If a refund is due and you were not appointed by a court, include Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer) with the return. On paper returns, write “DECEASED,” the person’s name, and the date of death across the top. The regular filing deadline applies.9Internal Revenue Service. Filing a Final Federal Tax Return for Someone Who Has Died