Michigan Probate Types: Informal, Formal, Assignment, and Successor Affidavit
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Compare eligibility, timing, court involvement, and local verification points
Simplified Path vs Formal Path at a Glance
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| Category | Simplified Path | Formal Path | Winner |
|---|---|---|---|
| Small-estate personal property | Successor affidavit after more than 28 days when no real property is included | Formal probate can handle broader assets and disputes | Simplified Path |
| Court order needed | Petition and order for assignment may provide a small-estate court order | Formal probate provides broader adjudication and appointment authority | Tie |
| Filing fee | $0 or $25 listed for the two small-estate paths | $150 to commence estate | Simplified Path |
| Real property | Successor affidavit cannot transfer real property | Can address real property through court authority | Formal Path |
| Disputes | Simplified paths are poor fits for contested estates | Built for matters needing a judge | Formal Path |
Small-estate personal property
Simplified PathSimplified Path: Successor affidavit after more than 28 days when no real property is included
Formal Path: Formal probate can handle broader assets and disputes
Court order needed
TieSimplified Path: Petition and order for assignment may provide a small-estate court order
Formal Path: Formal probate provides broader adjudication and appointment authority
Filing fee
Simplified PathSimplified Path: $0 or $25 listed for the two small-estate paths
Formal Path: $150 to commence estate
Real property
Formal PathSimplified Path: Successor affidavit cannot transfer real property
Formal Path: Can address real property through court authority
Disputes
Formal PathSimplified Path: Simplified paths are poor fits for contested estates
Formal Path: Built for matters needing a judge
Main Michigan Probate Options
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| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
Affidavit of Decedent's Successor MCL 700.3983 / SCAO PC 598 | $53,000 for 2026 deaths (base $50,000, adjusted annually); no Michigan real property | $0 listed court filing fee | More than 28 days after death | No | No | Certain personal property when no personal representative has been appointed or is pending |
Petition and Order for Assignment MCL 700.3982 / SCAO PC 556 | $53,000 for 2026 deaths (base $50,000, adjusted annually) after funeral and burial expense analysis | $25 | County court timing varies | Court review needed | No (often useful) | Small estates needing a probate court order assigning property |
Informal Probate MCL 700.3301 et seq. / SCAO PC 558 | No simple dollar cap | $150 to commence estate | County court timing varies | Yes | No (often useful) | Uncontested estates where registrar-handled appointment or probate fits |
Formal Probate MCL 700.3401 et seq. / SCAO PC 559 | No simple dollar cap | $150 to commence estate | County court timing varies | Yes | No (often useful) | Disputes, testacy issues, appointment questions, or matters needing a judge |
Summary Administrative Proceedings MCL 700.3987 | Estate value not exceeding statutory allowances, exempt property, costs, and expenses | $150 commence-estate fee may apply depending on filing posture | Court timing varies | Court review needed | No (often useful) | Very small estates where statutory allowances and expenses absorb estate value |
Affidavit of Decedent's Successor
MCL 700.3983 / SCAO PC 598
Certain personal property when no personal representative has been appointed or is pending
Threshold: $53,000 for 2026 deaths (base $50,000, adjusted annually); no Michigan real property
Filing Fee: $0 listed court filing fee
Timeline: More than 28 days after death
Real Estate: No
Attorney: No
Petition and Order for Assignment
MCL 700.3982 / SCAO PC 556
Small estates needing a probate court order assigning property
Threshold: $53,000 for 2026 deaths (base $50,000, adjusted annually) after funeral and burial expense analysis
Filing Fee: $25
Timeline: County court timing varies
Real Estate: Court review needed
Attorney: No (often useful)
Informal Probate
MCL 700.3301 et seq. / SCAO PC 558
Uncontested estates where registrar-handled appointment or probate fits
Threshold: No simple dollar cap
Filing Fee: $150 to commence estate
Timeline: County court timing varies
Real Estate: Yes
Attorney: No (often useful)
Formal Probate
MCL 700.3401 et seq. / SCAO PC 559
Disputes, testacy issues, appointment questions, or matters needing a judge
Threshold: No simple dollar cap
Filing Fee: $150 to commence estate
Timeline: County court timing varies
Real Estate: Yes
Attorney: No (often useful)
Summary Administrative Proceedings
MCL 700.3987
Very small estates where statutory allowances and expenses absorb estate value
Threshold: Estate value not exceeding statutory allowances, exempt property, costs, and expenses
Filing Fee: $150 commence-estate fee may apply depending on filing posture
Timeline: Court timing varies
Real Estate: Court review needed
Attorney: No (often useful)
* Michigan Courts publishes statewide probate fee tables. County courts may still have local copy, certification, payment, and scheduling details.
Unfamiliar terms in the comparison? The Michigan probate glossary defines them in plain language.
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