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4. There are even some forms of property owned solely by
the decedent which would otherwise require probate that are
exempt in certain instances. Those notable exceptions include
the following
- Unpaid wages. An employer in Michigan may
pay the wages due a deceased employee to the employee's
spouse, children, parents or siblings in that order unless the
employee filed a request to the contrary with the employer.
- Cash up to $500 and wearing apparel.
A hospital,
convalescent or nursing home, morgue, or law enforcement
agency in Michigan holding cash not exceeding $500 and wearing
apparel of the decedent may deliver that property to the
decedent's spouse, child, or parent who provides (i) suitable
identification and (ii) an affidavit which states the person's
relationship to the decedent and that there are no pending
probate proceedings for the decedent's estate.
- Travelers checks. Most issuing companies
(such as American Express) will redeem unused travelers checks
following the death of the owner without requiring the
appointment of a PR on submission of the checks, a death
certificate, and an appropriate affidavit by the next of kin
indicating to whom payment should be made.
- Motor vehicle transfers. If the combined
value of one or more of the decedent's motor vehicles does not
exceed $60,000 and there are no probate proceedings for the
decedent's estate, registration of title may be transferred by
the Michigan Secretary of State to the surviving spouse or
next of kin upon submitting a death certificate, an affidavit
of kinship, the vehicle's certificate of title, and certain
other Michigan Secretary of State documents.
-Watercraft transfers. If the combined value
of all of the decedent's watercraft does not exceed $100,000,
and there are no probate proceedings for the decedent's
estate, registration of title may be transferred by the
Michigan Secretary of State to the surviving spouse or next of
kin upon submitting a death certificate, an affidavit of
kinship, and the certificate of title for the watercraft.
- Income tax refund claims. These may be
collected without probate by filing IRS or Michigan form 1310.
-Transfer by affidavit. Personal property with
a value not exceeding $15,000 may be transferred to a
decedent’s successor by presenting a death certificate and
an affidavit stating who is entitled to the property.
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