Log In | Register |
Search: Go
Return to Home Page
Courts
Government

Government Home>County Government>Courts>Probate Court>Petition and Order for Assignment

Petition and Order for Assignment

A petition and order for assignment (commonly referred to as a “small estate”) may be filed when the value of the estate is less than $15,000*. 

 

Pursuant to MCL 700.3982 1) Upon a showing of evidence, satisfactory to the court, of payment of the expenses for the decedent's funeral and burial and if the balance of a decedent's gross estate consists of property of the value of $15,000.00 or less, the court may order that the property be turned over to the surviving spouse or, if there is not a spouse, to the decedent's heirs. (2) Upon a showing of evidence, satisfactory to the court, that the decedent's funeral or burial expenses are unpaid or were paid by a person other than the estate, and if the balance of the gross estate after payment of the expenses would consist of property of the value of $15,000.00 or less, the court shall order that the property be first used to pay the unpaid funeral and burial expenses, or to reimburse the person that paid those expenses, and may order that the balance be turned over to the surviving spouse or, if there is not a spouse, to the decedent's heirs.

 

*The total value of assets on the original or any amended petitions, after payment of funeral and burial expenses, is adjusted for cost of living.  The current maximum value is determined by the Department of Treasury.  The values through 2007 may be viewed at http://www.michigan.gov/documents/nonecolimit101_3658_7.pdf 

 

Filing Fee:           $25.00 (Non-refundable filing fee)   

                            Inventory fee determined based on the total assets

                            Certified Copy Fee:  $12.00

 

Forms Required: Petition and Order for Assignment (PC556)           

                          Copy of paid funeral bill (If funeral bill is not paid, you

                          must have a copy of the bill showing the amount due)

                          Certified copy of the death certificate

                          Proof of value of assets

 

 

Who May File:     Only an heir or the individual who paid the funeral bill may file

                          this petition.

 

Filing:                    It is recommended that the documents be brought to

                             the Probate Court office by the petitioner for filing,

                             however filings may be completed by mail. 

                             See Location/Hours of Court.     

 

When listing the assets, list all information regarding the assets.  For bank accounts list name of bank, account number(s) and balance as of date of death.  For vehicles include the year and vehicle identification number**.  For real estate, list the complete legal description.

 

**If the only asset to assign is a motor vehicle the Secretary of State may be able to transfer the asset directly without the need of an order from the Court.

This page last updated on 10/18/2007.