Small Estate (Petition and Order for Assignment)

This is for general information.  It is not a substitute for legal advice.  Probate Court staff cannot advise you on what to file or how to proceed.   Please consult an attorney if you require assistance.

PETITION AND ORDER FOR ASSIGNMENT

If a decedent’s estate consists of property valued at or less than the date of death small estate threshold, (see attached table) the Court may issue an order that a decedent’s property be assigned in the following order:

1. To pay unpaid funeral and burial expenses or to reimburse the person that paid those expenses,
2. To the surviving spouse, if any, or
3. If there is no spouse, to the decedent’s heirs.

*NOTE:  In this process, the terms of the decedent’s will are not carried out, and no Personal Representative is appointed.  

Checklist for Petitioner

☐  The decedent was a Grand Traverse County resident or a non-resident of Michigan who left property in Grand Traverse County. 

☐  The total gross estate, less unpaid funeral or burial expenses and/or real property liens, does not exceed the date-of-death small estate threshold listed in the attached table.  

NOTE:  Real property lien deductions may not exceed $250,000 in calculating the small estate threshold.

☐  Petition and Order for Assignment, PC 556

☐  Testimony to Identify Heirs, PC 565

☐  Copy of death certificate that was signed by the county clerk

☐  Protected Personal Identifying Information, MC 97

☐  Copy of funeral bill and receipt.  Receipts must show who paid and how much was paid.

☐  Filing fee of $25.00 and inventory fee payable to the Grand Traverse County Probate Court.

• Inventory fee calculator:
  • https://www.courts.michigan.gov/courts/trial-courts/inventory-calculator/
• If a certified copy of the order is needed, there is a $10.00 certification fee, plus a $1.00 page copy fee.   (example:  A three page form costs $13 to certify)