Michigan’s New $53,000 Small Estate Threshold: What the EPIC Omnibus Means for Your Plan

Losing a parent or spouse is hard enough without a lengthy court process. Michigan’s Small Estate Threshold allows many families to use simplified procedures instead of full probate. A major 2024 law rewrote the underlying rules, and Michigan’s Small Estate Threshold continues to increase with annual inflation adjustments.

This article explains what changed, how the current threshold works, and why even a simplified process still calls for careful planning.

What Changed Under the 2024 EPIC Omnibus: Michigan’s Small Estate Threshold

Public Act 1 of 2024, known as the EPIC Omnibus, took effect on February 21, 2024. Lawmakers raised the statutory base for Michigan’s small estate procedures from $15,000 to $50,000. The Probate and Estate Planning Section of the State Bar of Michigan drafted the bill after years of practitioner feedback.

Two Statutes, One New Base Amount

MCL 700.3982 governs the Petition for Assignment, a court-supervised process. Meanwhile, MCL 700.3983 governs the Affidavit of Decedent’s Successor, which requires no court filing. Both statutes now share the same $50,000 starting point.

Annual Inflation Adjustments

MCL 700.1210 adjusts the base amount for inflation every year. The threshold climbed to roughly $51,000 for deaths in 2025. For deaths in 2026, the figure sits at approximately $53,000. Always confirm the exact amount with the local probate court. The applicable figure depends on the date of death, not the filing date.

How Michigan’s Small Estate Process Works: Michigan’s Small Estate Threshold

The Affidavit Route

An heir can use the Affidavit of Decedent’s Successor once the estate, after subtracting funeral and burial expenses, falls below the threshold. This affidavit requires no court hearing. Michigan law imposes a 28-day waiting period after death before an heir may present the affidavit to banks, insurers, or other asset holders.

The Petition for Assignment Route: Michigan’s Small Estate Threshold

Families with real estate in the estate typically need the Petition for Assignment instead. A probate judge reviews the petition and signs an order distributing the property. This route carries a filing fee, yet it produces a court order that many institutions prefer over a private affidavit.

Why a Higher Threshold Still Isn’t a Full Estate Plan

Home Values Push Many Estates Over the Line

Southeast Michigan real estate has appreciated steadily, and a single home can exceed the small estate threshold on its own. Families who assume their estate automatically qualifies often discover otherwise once they add up its true value.

The Petition for Assignment Ignores Your Will: Michigan’s Small Estate Threshold

The Petition for Assignment distributes property according to Michigan’s intestate succession law, not according to a will’s specific bequests. Anyone counting on the small estate process to honor detailed instructions could be disappointed.

Common Mistakes Families Make

Assuming last year’s threshold still applies to a current death
Forgetting that jointly held or beneficiary-designated assets fall outside the estate calculation
Filing a small estate affidavit before the 28-day waiting period ends
Relying on the small estate process to honor specific bequests written in a will
Overlooking whether real estate liens can reduce the estate’s value below the threshold
Skipping professional guidance when an estate sits close to the current limit

Related Resources

How Castle Wealth Group Legal Can Help

Every family’s estate looks different, and a threshold that seems generous on paper can still leave gaps. Castle Wealth Group Legal helps Michigan families build comprehensive plans rather than paperwork that simply reacts to a probate court’s dollar limit. Contact our Brighton office to schedule a consultation and put a plan in place that reflects your actual wishes.