Do I Need a Transfer on Death Deed in Michigan?
Michigan does not authorize transfer on death deeds; sole-name real property goes through probate, at least 5 months for a simple estate, unless held in a trust or with a right of survivorship.
No. Michigan does not 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 act exists in MCL ch. 565 (conveyances of real property) or MCL ch. 700 (Estates and Protected Individuals Code). Michigan instead relies on the enhanced life estate ("Lady Bird") deed, a conveyance resting on common law and the Powers of Appointment Act (1967 PA 224) whose mechanism is validated by Michigan Land Title Standard 9.3 (6th ed.).
Because Michigan has no TOD deed, real property passes outside probate through: Revocable living trust; Enhanced life estate deed (Lady Bird deed) — mechanism validated by 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). The Michigan trust vs. will comparison sets the routes side by side.
35 jurisdictions allow a transfer on death deed for real property; Michigan is not one of them. A revocable living trust does the same work in every state and covers the other assets as well.
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreForms for Planning Your Estate in Michigan
Free forms for planning your estate in Michigan: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Healthcare Power of Attorney
Michigan requires 2MCL § 700.5506Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredMCL § 700.5506Verified Oct 15, 2026View source.
Financial Power of Attorney
Michigan treats a power of attorney as durable by defaultMCL § 556.201-556.505 (Act 187 of 2023, eff. 7/1/2024; repealed former MCL 700.5501-5505 EPIC durable POA provisions)Verified Sep 18, 2026View source, and it is signed before 2MCL § 556.201-556.505 (Act 187 of 2023, eff. 7/1/2024; repealed former MCL 700.5501-5505 EPIC durable POA provisions)Verified Sep 18, 2026View source witnesses or a notary.
Last Will and Testament
In Michigan, a will is signed before 2MCL 700.2502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyMCL 700.2502Verified Oct 18, 2026View source.
Tools for Planning Your Estate in Michigan
Free tools for planning your estate in Michigan: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Do I Need a Vehicle TOD?
Michigan does not offer a transfer-on-death designation on a vehicle title; a vehicle passes by will, trust, joint title, or probate.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Michigan runs $3,460Estimate: 10 hours at $346, Clio's Michigan Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,190Estimate: 15 hours at $346, Clio's Michigan Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $915Estimate: 3 hours at $305, Clio's Michigan Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,830Estimate: 6 hours at $305, Clio's Michigan Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Michigan, four years at a public university cost about $105,408NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax on a death today. Michigan's estate tax (MCL 205.232) is not repealed — it is a "pick-up" tax equal to the maximum allowable federal credit for state death taxes, and that federal credit was eliminated for deaths after December 31, 2004 (replaced by the 26 U.S.C. § 2058 deduction; the old IRC § 2011 credit was struck from the Code in 2014), so the Michigan tax computes to $0. Michigan's inheritance tax applies only to decedents who died on or before September 30, 1993 (MCL 205.223; Michigan Treasury Inheritance Tax FAQ). Michigan levies no gift tax.Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Michigan automatically revokes an ex-spouse as beneficiary at divorceMCL 700.2807Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
How Much Does Probate Cost?
Probate on a $500,000 estate in Michigan costs an estimated $25,430MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 1.7%MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.7%MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Michigan, a surviving spouse takes the first $301,000 plus half of the restMCL § 700.2102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationMCL § 700.2106Verified Sep 10, 2026View source.
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Michigan Estate Planning Resources
In-depth guides covering Michigan probate laws, trust requirements, and estate planning strategies.