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 Court order distributing small estates 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 in 2009	$20,000
Date of Death in 2008	$19,000
Date of Death in 2007	$19,000
Date of Death in 2006	$18,000
Date of Death in 2005	$18,000
Date of Death in 2004	$17,000
Date of Death in 2003	$17,000
Date of Death in 2002	$17,000
Date of Death in 2001	$16,000
Date of Death October 1, 1994 – December 31, 2000	$15,000
Date of Death December 13, 1984 – September 30, 1994	$5,000
Date of Death July 1, 1979 – December 12, 1984	$2,500
Date of Death October 1, 1972 – June 30, 1979	$1,500
Date of Death August 28, 1964 – September 30, 1972	$1,000
Date of Death September 3, 1949 – August 27, 1964	$500
Date of Death September 10, 1942 – September 2, 1949	$200

Form Used: PC 556, Petition and Order for Assignment

Fees: $25 for petition

$12 certified fee per copy

$5-$119 inventory fee, based on value of estate

Total: $42-$156

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”. 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).

3. List all information about the asset that is available. For bank accounts, show the name of the bank, the account number(s), and the balance at date of death. For stocks and bonds, show the name of the corporation, number of shares, price per share, and total value at date of death. For autos, trucks, boats, etc., include the year and the vehicle identification number along with the make. For real estate, list the complete legal description, not only the street address.

Visit the Wayne County Probate Court’s website (www.wcpc.us) under “Links” for information on the following items: Value of a used car - Autoweb. Tax records, legal descriptions, and state equalized values (SEVs) for property located in Detroit - City of Detroit – tax records, legal descriptions, SEVs. Real estate valuation - Homegain.

Note: If the only asset to probate is a motor vehicle (i.e. automobile, truck, motorcycle, boat, mobile home, etc.), the Secretary of State office may be able to transfer the asset directly to the entitled heirs without the need of an Order from the court. Visit the Wayne County Probate Court’s website (www.wcpc.us) under “Information – Frequently Asked Questions – Motor Vehicles – Transfer of Decedent’s Title.”

Rev. 3/09