How to Transfer Real Estate Title After Death in Michigan

Understand the Legal Steps to Transfer Property Ownership After a Death in Michigan

Many people are surprised to learn that real estate in Michigan does not automatically pass to heirs when a loved one dies. Unlike bank accounts or life insurance policies that may have named beneficiaries, property titles often require legal action before ownership can officially change.

In Michigan, the process for transferring real estate after death depends entirely on how the property was owned. If the owner passed away without using probate-avoidance tools, such as a trust or Lady Bird Deed, the property will likely go through probate — a legal process that can take months.

Even in situations where probate isn't necessary, heirs must still file specific documents with the county Register of Deeds to update ownership records. Without proper title transfer, you may run into delays when trying to sell, refinance, or insure the property.

If you're unsure how the property was titled, or whether probate is required, it’s best to start by reviewing the deed and consulting the county records office or a probate attorney. This first step can save you significant time and prevent legal complications down the line.

Coming up next, we’ll break down the most common ways property is owned — and how that affects what you need to do.

How Property Ownership Type Affects Title Transfer

Before you can transfer a home’s title after someone dies in Michigan, you must first understand how the property was owned. The type of ownership determines whether the transfer will be automatic or require probate court.

1. Sole Ownership (In Decedent’s Name Only)

If the property was titled only in the deceased’s name, it generally must go through probate.

2. Joint Ownership with Rights of Survivorship

Ownership transfers automatically to the surviving owner, but the deed must be updated by filing an Affidavit of Survivorship and Death Certificate with the Register of Deeds.

3. Lady Bird Deed (Enhanced Life Estate Deed)

A Lady Bird Deed allows the property to pass directly to a named beneficiary at death — avoiding probate. The beneficiary files a Death Certificate and Affidavit of Death of Grantor with the county.

4. Property Held in a Trust

If the deed lists a trust, the trustee may transfer title according to the trust’s terms without probate.

📚 For general legal guidance, visit:
State Bar of Michigan – Probate & Estate Planning

How to Transfer Real Estate Title Through Probate in Michigan

If the deceased owned the property solely in their name and did not set up a trust, Lady Bird Deed, or joint ownership with survivorship, then the title must be transferred through the probate process. This legal process ensures the proper distribution of the decedent’s assets — including real estate — according to their will or Michigan inheritance laws.

✅ Step-by-Step Probate Title Transfer Process:

Open a Probate Case
File a petition with the probate court in the county where the deceased lived. If there's a will, submit it along with the petition.
Appointment of a Personal Representative (PR)
The court appoints someone (often a family member or named executor) to serve as the estate’s Personal Representative. This person is legally authorized to manage the estate.
Issue of Letters of Authority
The PR receives official Letters of Authority, which give them the legal right to handle the deceased’s property — including transferring or selling real estate.
Prepare and Sign a Deed
The PR signs a Personal Representative’s Deed, which transfers ownership to the rightful heir(s) or buyer. This deed must include the probate court case number and be notarized.
File With the Register of Deeds
The new deed, along with a certified copy of the Letters of Authority, must be filed with the county Register of Deeds where the property is located. This updates the official ownership record.

⚠️ Important Notes:

Title companies will not close a sale or refinance unless ownership has been properly transferred and recorded.
If there are liens, back taxes, or other title issues, they must be resolved before or during the transaction.
Probate can take months — sometimes longer — depending on the complexity of the estate.

For a broader guide on navigating property issues through probate, explore How to Sell a House in Probate in Michigan.

Understanding the probate path is critical when no probate-avoidance method was in place. In the next section, we’ll look at the faster routes available when probate isn’t required.

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When and How You Can Transfer Title Without Probate in Michigan

If the deceased used probate-avoidance tools, you may not need to go to court. Here's how title transfer works outside of probate:

✅ 1. Joint Ownership with Rights of Survivorship

File with the county:

Certified Death Certificate
Affidavit of Survivorship

✅ 2. Lady Bird Deed

File with the county:

Death Certificate
Affidavit of Death of Grantor

📘 See the legal framework:
Michigan Legislature – EPIC (Estates and Protected Individuals Code)

✅ 3. Trust-Owned Property

Trustees must execute a deed to transfer ownership and may need to file additional documents, depending on the county.

🚫 Not Allowed in Michigan: TOD Deeds

Michigan does not permit Transfer-on-Death Deeds for real estate. Consider Lady Bird Deeds or trusts instead.

Key Documents Needed to Transfer Title After Death in Michigan

Below are common documents required for transferring property:

Certified Death Certificate
Affidavit of Survivorship (joint ownership)
Affidavit of Death of Grantor (Lady Bird Deed)
Letters of Authority (if probate)
New Deed (e.g., PR’s deed, trustee deed, quitclaim)

📍 All documents are recorded with the county Register of Deeds.

For an example of local filing rules, visit:
Wayne County Document Recording Requirements

Gloria B. - Clinton Township, Michigan

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Common Issues That Can Delay or Complicate Title Transfers After Death

⚠️ Unresolved Liens or Delinquent Property Taxes

Liens or unpaid property taxes must be resolved. In Michigan, unpaid taxes may lead to foreclosure.

🔗 Selling Property with Delinquent Taxes in Michigan

⚠️ Missing or Unrecorded Deeds

Unrecorded deeds or unclear ownership history may require probate or legal clarification.

⚠️ Disagreements Among Heirs

If heirs can’t agree on what to do with the home, this can lead to disputes or a partition lawsuit.

🔗 How to File a Partition Lawsuit in Michigan

⚠️ Paperwork Errors

Mistakes in deeds or affidavits can delay recording. Always check for accuracy and consult with the Register of Deeds if needed.

📘 Refer to the full legal code at:
Michigan Legislature – EPIC

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How to Take the Right Steps for a Smooth Title Transfer

Whether you're an heir, surviving spouse, trustee, or personal representative, the key to transferring real estate title after a death in Michigan is understanding which legal process applies to your situation — and following it carefully.

Here’s a simplified guide to choosing the right path and avoiding unnecessary complications:

✅ Step 1: Identify the Current Ownership Type

Start by reviewing the most recent recorded deed. This will tell you if the property was held:

Solely by the deceased (probate required)
Jointly with another person (may avoid probate)
In a trust (follows trust instructions)
Through a Lady Bird Deed (probate avoided if recorded properly)

If you’re unsure how to read a deed, you can request a copy from the county Register of Deeds or speak with a title professional.

✅ Step 2: Gather the Right Documents

Once you know how the property was owned, assemble the documents you’ll need. This may include:

Certified Death Certificate
Affidavit of Survivorship (for joint ownership)
Affidavit of Death of Grantor (for Lady Bird Deeds)
Letters of Authority (for probate)
A new deed to record the ownership transfer

See the Wayne County Register of Deeds site for formatting and submission rules.

✅ Step 3: Record the Transfer Properly

All Michigan title transfers must be recorded with the Register of Deeds in the county where the property is located. Most offices require:

The original signed deed
Supporting documents (death certificate, affidavits, court orders, etc.)
A small recording fee (varies by county)

Recording the transfer is what legally updates the public record — without it, the ownership remains unchanged in the eyes of the law.

If you're transferring title as part of an estate settlement or considering selling an inherited home, also review these helpful pages:
🔗 Selling Inherited Property with Siblings in Michigan
🔗 Estate Home Solutions – Dennis Buys Houses

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