Do I Need a Transfer on Death Deed in Michigan?

Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.

State where property is located

Find out if a TOD deed is right for you

Select your state to see if a transfer on death deed can keep your property out of probate.

This tool provides general information about transfer on death deeds and is not legal advice. TOD deed availability and requirements vary by state. Consult a licensed attorney for guidance specific to your situation.

Frequently Asked Questions

No. Michigan does not currently allow transfer on death deeds. Michigan has not adopted the Uniform Real Property Transfer on Death Act or any TOD / beneficiary deed statute. No authorizing provision exists in MCL ch. 565 (conveyances of real property) or MCL ch. 700 (Estates and Protected Individuals Code). Michigan instead relies on the common-law enhanced life estate ("Lady Bird") deed, validated by Michigan Land Title Standard 9.3 (6th ed.).

Because Michigan does not allow TOD deeds, alternatives for avoiding probate on real property include: Revocable living trust, Enhanced life estate deed (Lady Bird deed) — authorized under Mich. Land Title Std. 9.3 (6th ed.); uncapping exemption under MCL 211.27a(7)(d) and (7)(u), Joint tenancy with right of survivorship (MCL 554.43–554.45). Compare your options with the trust vs. will comparison.

Without a TOD deed option, real property in Michigan typically passes through probate unless held in a trust or with joint tenancy. Use the Michigan probate calculator to estimate what that would cost.

TOD Deeds in Michigan

Michigan does not currently allow transfer on death deeds (No). Michigan has not adopted the Uniform Real Property Transfer on Death Act or any TOD / beneficiary deed statute. No authorizing provision exists in MCL ch. 565 (conveyances of real property) or MCL ch. 700 (Estates and Protected Individuals Code). Michigan instead relies on the common-law enhanced life estate ("Lady Bird") deed, validated by Michigan Land Title Standard 9.3 (6th ed.). Without this option, real property passes through probate unless held in a trust or with joint tenancy.

Because TOD deeds are unavailable, the primary alternative for avoiding probate on real estate in Michigan is a revocable trust. Probate for simple estates takes at least 5 months, and estates under $53,000 may qualify for simplified procedures. The probate calculator shows the full cost picture.

The trust vs. will comparison outlines the differences for Michigan families weighing their options for avoiding probate on real property and other assets.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

MCL 700.3982, 700.3983 (small estate

Data sourced from Michigan statutes and official state code. How we research.

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