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The values of all property are calculated as of the decedent s date of death. For real property only if the date of death is on or after March 28 2013 the gross value of a parcel can be reduced by any lien amount on that parcel however the remaining inventory value of that parcel cannot be less than zero. For personal property the gross value and inventory value are the same. Attach separate sheet if necessary. Legal description of real property Gross value Lien amount Inventory value less lien ...

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What happens if my spouse dies without a will in Michigan?

If you have a surviving spouse and have no surviving children, parents, or grandchildren, your spouse gets the entire estate. If there are surviving children, parents, or grandchildren even if they are not related to the surviving spouse the spouse will not receive the entire estate.

What are Michigans requirements for a small estate affidavit?

If a person dies in 2022 an estate must be valued at $25,000 or less to be small. If a person died in 2020 or 2021, an estate must be valued at $24,000 or less. If a person died in 2019 or 2018, an estate must be valued at $23,000 or less. If a person died in 2014-2017, an estate must be valued at $22,000 or less.

Can a personal representative sell property in Michigan?

The personal representative or estate executor cannot sell a home that is subject to probate without the courts authority. In Michigan, the probate court will either grant an estate representative the right to sell property during the probate proceeding or they wont.

What is a petition for assignment in Michigan?

The court will order that the property be used to pay any funeral and burial expenses first. ( or to reimburse the person who paid those expenses) The court will order that the remaining property be assigned to the decedents spouse or to the decedents heirs, if there is no spouse.

How long do you have to file probate after death in Michigan?

If an Executor was nominated in the Will, then they must file for Probate within 30 days of the persons death. Otherwise, they may be waiving their right to the Executor appointment. If the family chooses to file a small estate affidavit instead, then they must wait until 40 days have passed after the date of death.

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Who can witness a small estates form?

1 A witness can be anyone aged 18 or over who is not a family member.

What are the duties of a personal representative of an estate in Michigan?

A personal representative is under a duty to settle and distribute the decedents estate in ance with the terms of a probated and effective will and this act, and as expeditiously and efficiently as is consistent with the best interests of the estate.

What proof do I need to be an executor?

Application for Grant of Representation A Grant is used to prove that you as the executor or administrator, have the legal right to administer the estate (and is required for dealing with the deceaseds property and in some cases is required by banks and other institutions).

Does Michigan have a small estate affidavit?

A Michigan small estate affidavit is a document that allows a petitioner, known as an affiant, to stake a claim on property from the estate of a deceased loved one, known as the decedent. In Michigan, this process is available to estates that have a value of $15,000 as adjusted for cost of living (see below) or

How much does an estate have to be worth to go to probate in Michigan?

Assets owned in the deceaseds name only (such as real estate, bank accounts, stocks and bonds) and personal property exceeding $15,000 generally have to go to probate court. Michigan law also allows for a streamlined probate process in the case of smaller estates under a certain value.

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