Affidavit to Avoid Probate

Darren Findling of The Probate Pro discusses the Affidavit process to avoid probate with the Affidavit of Decedent's Successor in Interest for Delivery of Certain Assets.
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This video is for educational purposes only and is not to be considered legal advice. The Probate Pro, PLC, QuietTitle.com and any other entities of The Darren Findling Law Firm, PLC do not claim to be an “expert” or “specialist” in their legal practice areas.
How do I get money out of a bank account when somebody has died without going to probate? Hi, I’m Darren Findling of The Probate Pro, and we're going to cover a particular process that's incredibly valuable the form is SCAO form 598- SCAO for state court administrative order--PC for probate court and the form as you can see from the red rectangle is called an affidavit of decedent successor for delivery of certain assets owned by decedent I call it the affidavit to avoid probate the beauty of this is under certain circumstances you can use this sworn statement to gain access to a bank account or financial institution for somebody that has died without the necessity of going to probate without the necessity of paying a filing fee to the probate court without the necessity of getting a letter of authority publishing paying an inventory fee or dealing with creditors it avoids probate but again under certain circumstances let's walk our way through the use of this very valuable form of which I’m happy to give to you free of charge with all of these state court administrative order forms it is guided by a statute as you can see in the bottom right corner it's MCL700.3983 it is a Michigan statute that uses the uh sworn statement process under certain circumstances to gain access to an account a financial asset of the decedent so let's walk our way through the statute in this particular case the statute provides that you identify the name of the person that died in this case the estate of so the estate of the individual that died you have to provide the financial institution with a certified death certificate so again a death certificate the form and at least 28 days have had to have passed from the date of death you identify on the form your relationship to the person that died so under section 1 you'll see it says I am the decedent successor surviving a spouse b adult children or if there is no spouse or no adult children the other relationship now uh of course if there's a will you're what's called the devisee so you'd identify it in the next checks check box and if you are the fiduciary or representative who is an heir of the devisee so for example one of the heirs is represented by a guardian or conservator you'd identify their incapacity and the basis that you have standing to file this particular document it's very important that you fill out this section correctly because not anyone can use the form so for example if there's a spouse and you're an adult child the spouse has priority over the adult child so you have to really understand the mechanics of when you have a right to access the asset based on your priority under the laws of intestacy that means when you die without a will or test to see if you have died with the will or if you're a creditor and you for example pay the funeral bill or are owed money in some way let's work our way further down the form you identify the residency of the deceit now of course you're going to identify the city and township and city or township and the state and the date of death and then the key provision here more than 28 days have passed since the death this is really important because often people are trying to gain access to a bank account to pay for a funeral or burial or cremation this process will not be utilized to be able to do that within the 28-day window you'd have to use an order of assignment process which I’ve explained in other videos or the full probate process in addition you have to certify that there's no real property included in the estate so what does real property mean land house etc. number four identifies that the decedent's estate, liens, encumbrances those are liens and things that are encumbered on the property does not exceed at the time of the creation of this document it was