The claiming successor or his or her representative must make the affidavit and state
the following:
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a.
The estate does not include real property and the value of the entire estate, wherever
located, net of liens and encumbrances, does not exceed $15,000, adjusted as provided
in Section 1210.
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b.
Twenty-eight days have elapsed since the decedent’s death.
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c.
An application or petition for the appointment of a personal representative is not
pending or granted in any jurisdiction.
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d.
The claiming successor is entitled to payment or delivery of the property.
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e.
The name and address of each person entitled to a share of the property and each person’s
entitled portion.
Mich. Comp. Laws, Section 700.1210 states that the $15,000 amount applies to decedents
who die before 1/1/2001, and that, for decedents who die after 12/31/2000, the $15,000
amount shall be multiplied by the cost-of-living adjustment factor for the calendar
year in which the decedent dies, and the resulting product rounded to the nearest
$1,000. The Michigan Department of Treasury publishes the cost-of-living adjustment
factor and the adjusted amount for each year, which is online at: Estates and Protected Individuals Code Cost-of-living Adjustments to Specific Dollar
Amounts. Also, the Michigan State Court Administrative Office has established a standardized
form for use as an affidavit that can be found online at:
Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent.