A Petition and Order for Assignment is a probate court procedure that is used to transfer property worth less than $50,000 after payment of burial expenses.  For example, if funeral and burial expenses were $7,000, then the total amount of property that could be transferred using a Petition and Order for Assignment is $57,000 ($50,000 + $7,000).  

Please complete an estate administration worksheet for help to file a Petition and Order for Assignment. Our fee to assist you with filing the petition and distribution of assets is $1,750.

For an estate valued at $50,000 or less, which consists entirely of personal property, an Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent may be used if it is acceptable to the person or entity holding the property.

A person who transfers property pursuant to the affidavit is discharged and released from liability to the same extent as if the person dealt with a court-appointed fiduciary.  However, a person to whom property is transferred is accountable for the property, and must deliver it to the proper beneficiaries.  The property is not subject to creditor's claims. 

If a deceased person owns vehicles with a total value less than $100,000 (for 2024 and 2025), then the person’s heirs may obtain title by application to the Secretary of State without probate, as long as there is no other property for which probate is necessary.  In 2026 and thereafter, the dollar limit for non-probate transfers will be adjusted based on inflation.  

Form TR-29, Certification from the Heir to a Vehicle may be used for this procedure (available below). The person signing the form must certify  that there is no probate proceeding pending for the decedent’s estate and that no probate proceeding will be started in the future. The vehicle title must be attached to the form.

Download Form TR-29

A hospital, convalescent or nursing home, morgue, or law enforcement agency holding $500.00 or less, and wearing apparel of a decedent, may deliver the money and wearing apparel to an individual furnishing identification and a sworn statement that the individual is the decedent's spouse, child, or parent and that there is no application or petition pending for administration of the decedent's estate.  The hospital, home, morgue, or law enforcement agency making the delivery is released to the same extent as if delivery were made to a legally qualified personal representative of the decedent's estate and is not required to see to the property's disposition.  The individual to whom delivery is made is answerable for the property to a person with a prior right and accountable to a personal representative of the decedent's estate appointed after the delivery.