Darren Findling of The Probate Pro discusses the newly revised Affidavit of Decedent's Successor in Interest.
(833) PROBATE
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Michigan Office:
414 W. Fifth Street
Royal Oak, Michigan 48067
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941 West Morse Blvd., Suite 100
Winter Park, Florida 32789
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This video is for educational purposes only and is not to be considered legal advice. Please note that these communications are not a consultation with a lawyer about the possibility of forming a client lawyer relationship with respect to a matter and do not establish an attorney-client relationship.
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The Affidavit of Decedent Successor and Interest. Hi, I'm Darren Findling of The Probate Pro and we're going to cover this very important form that's utilized in Michigan to withdraw money from financial institutions this form underwent a significant change as of February 21 2024 the most significant change affects the amount of money that can be withdrawn from a financial institution or the delivery of an asset from about 25,000 to all the way at 50,000 huge difference so that many people can utilize this form without the necessity to involve probate without the necessity to open a probate file this form does not get filed with the Probate Court there are no filing fees it allows you to access funds from a financial institution or somebody holding money that belongs to the successor in interest without the necessity of probate so it's access without probate let's work our way through the form first let's identify the statute MCL 700.3983 that governs this particular form and as you can see by the moving cursor at the bottom this form was revised in April of 2024 to go into effect in May of 2021 so it applies to dates of death after May 21 2024 it is PC 598 it is a state court Administrative Office form PC 598 single page very easy to fill out let's work our way through it the estate of that's the name of the person that died the decedent it requires the first middle and last name of the decedent I typically take the information directly off the death certificate so for example if it says John um uh Allen Smith deceased that's how IID write it if it says John Allen Smith also known as Bill Ray Smith I'd include that I copy the information directly off the death certificate it identifies in paragraph one how are you related to the person that died the deeded are you the spouse are you an adult child what is your relationship to the deed that authorizes you under the statute to gain access to these funds are you the devisee under the will meaning was there a will in which that will Nam you as the person that takes or are you the fiduciary uh who is an heir of or devisee of the person entitled to the property so again paragraph one identifies how you are related to the person that died paragraph two talks about the decedent this is a statement of residency the city state and County that's reflected on the death certificate so the domicile the death certificate is where we take this information from with the date of death which says on and that date section now here's a provision of the use of this document it has to be over 28 days from the date of death now this can cause problems because if you're trying to bury somebody and somebody has just recently died and you want to utilize a process to gain access to financial assets at a bank account to allow for the burial or cremation this form won't work you're going to have to use the petition in order of assignment short form probate process to get immediate access but if it's been over 28 days this form will work three no real property is included in the estate meaning this is not to be used to gain access to real estate like a house a home or land but rather the delivery of an asset that's being held by a financial institution or another person for the value of the estate less liens and encumbrances these are the debts secured by the uh property does not exceed $50,000 now that amount is going to be adjusted annually as a cost of living adjustment in when this document was created the amount is $50,000 so you can go to for example a bank and there's $42,000 in it and you're the surviving spouse you can access this money with this form no need for probate five there has been no appointment of a personal representative in any jurisdiction and
