In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Michigan, the law provides for a simplified process to administer small estates through the use of a small estate affidavit or a summary probate procedure. As per Michigan law, if the value of the entire estate, less liens and encumbrances, does not exceed a certain amount (which is subject to periodic adjustments), the estate may be distributed without regular probate proceedings. The small estate affidavit can be used by successors to claim assets of the deceased without court proceedings if the estate qualifies as a 'small estate' under Michigan law. Additionally, Michigan law allows for a simplified court process called 'summary probate' that can be used when the value of the estate is below a certain threshold. This process is quicker and less complex than formal probate. It's important to consult with an attorney to understand the current threshold for a small estate in Michigan and to ensure compliance with all legal requirements for using these simplified procedures.