Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent

MCL 700.3983 of the Estates and Protected Individuals Code provides that 28 days after a decedent's death, a person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall pay the indebtedness or deliver the tangible personal property or the instrument to a person claiming to be the decedent's successor upon being presented with the decedent's death certificate and a sworn statement made by or on behalf of the successor. The court will provide a form which meets the requirements of this statute. The form is titled Affidavit of Decedent's Successor for Deliver of Certain Assets Owned by Decedent (PC598) (PDF). The sworn statement (affidavit) must state all of the following as true before the procedure can be used:

  1. The estate does not include real property and the value of the entire estate wherever located, net of liens and encumbrances, does not exceed $24,000. (Value differs dependent on date of death.)
  2. 28 days have elapsed since the decedent's death.
  3. An application or petition for the appointment of a personal representative is not pending or has not been granted in any jurisdiction.
  4. The claiming successor is entitled to payment or delivery of the property.
  5. The name and address of each other person that is entitled to a share of the property and the portion to which each is entitled.

Successor as used in MCL 700.3982 includes one who is eligible to take under the exempt property and allowances provisions of the Estates and Protected Individuals Code. It also includes those who are entitled to assets under the intestate succession provisions of that Code. A beneficiary under an unprobated Will may be a successor under this provision.

This form must be signed in the presence of a notary public. It may then be taken directly to the bank or institution holding property of the decedent. It is not filed with the Court.