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Probate Court

FILING INSTRUCTIONS – SMALL ESTATES PETITION AND
 ORDER FOR ASSIGNMENT
- PC 556

Note: The Court is prohibited by law (Sec. 1211 of the Estates and Protected Individuals Code [EPIC]) from providing legal advice and completing forms. This item provides general information concerning the filing procedures for a small estate and may be useful as a guide. If you have any questions, consider contacting an attorney for assistance.

700.3982 Michigan Compiled Law states, in part:

“Sec. 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.”

Maximum Estate Value: The total value of the assets on the original and any amended petitions, after payment of funeral and burial expenses, may not exceed:
 

  AMOUNT
Date of Death Prior to January 1, 2001 $15,000.00
Date of Death in 2001 $16,000.00
Date of Death in 2002 $17,000.00
Date of Death in 2003 $17,000.00
Date of Death in 2004 $17,000.00
Date of Death in 2005 $18,000.00
Date of Death in 2006 $18,000.00
Date of Death in 2007 $19,000.00
Date of Death in 2008 $19, 000.00

Form Used: PC 556, Petition and Order for Assignment

Fees:

$25.00   for petition
$11.00   certified fee per copy

$5-$114 inventory fee, based on value of estate


Total: $41-$145

1. Items required:

  • A completed petition (front and back) typed or printed legibly in ink (PC 556). Only an heir or an individual who paid for the funeral bill may file this petition.
  • An itemized funeral bill marked “Paid” which shows the amount paid and who paid it. If the funeral bill is not paid, you must have a copy of the bill showing the amount due.
  • A copy of the decedent’s death certificate.

2. The completed petition must show the value of all assets as of the date of death. Examples of sources for information include newspaper clippings showing stock values; quote from an auto dealer showing the value of the auto, truck, etc. or value from the “Blue Book”. If there is real estate, a tax statement or some other document showing the state equalized value for the year of death. (The state equalized value is doubled for purposes of listing the real estate value on the petition).

1092 Newell St.  PO Box 885
White Cloud, Michigan 49349
Phone: (231) 689-7270     Fax: (231) 689-7276
Email:
kerrie@co.newaygo.mi.us