Someone you know has recently passed away and you wish to get money out of the decedent’s bank account. However, you don’t want this to go to probate. Is such a thing possible – where you can just get the money without going to probate? The answer is yes, and it’s done so with a form known as an Affidavit to Avoid Probate.

The Affidavit to Avoid Probate is a Michigan State Court Administrative Office form, PC 598. This form can be found by clicking here, should you need one to print out.

Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. The Affidavit to Avoid Probate form is no different.

The Affidavit to Avoid Probate form is associated with MCL 700.3983, which states:

  (1) After 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 stating all of the following:

  (a) The estate does not include real property and the value of the entire estate, wherever located, net of liens and encumbrances, does not exceed $15,000.00, adjusted as provided in section 1210.

  (b) Twenty-eight days have elapsed since the decedent’s death.

  (c) An application or petition for the appointment of a personal representative is not pending or has not been granted in any jurisdiction.

  (d) The claiming successor is entitled to payment or delivery of the property.

  (e) 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.

  (2) A transfer agent of a security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of a sworn statement as provided in subsection (1).

  (3) The state court administrative office shall develop and make available a standardized form for use as a sworn statement that can be used for the procedure authorized under subsection (1). The form shall include a notice that a false statement may subject the person swearing to the statement to prosecution for perjury.

To help you understand this form better, Darren Findling of The Probate Pro dives deep into this form.

 

Like Darren, we’re ready to help you understand all things related to probate. So, if you have any probate related questions, don’t hesitate to give The Probate Pro a call today at (833) PROBATE. Our legal family is ready to help you.