Do I Need a Vehicle Transfer on Death Designation in Michigan?
Answer a few questions about how your vehicle is titled to see whether a transfer-on-death designation applies for avoiding probate on a vehicle.
Frequently Asked Questions
No. Michigan does not offer a vehicle transfer-on-death designation. Michigan has no statute authorizing a transfer-on-death (TOD) beneficiary designation on a vehicle certificate of title. The state's TOD "beneficiary form" registration (MCL 700.6301-700.6310, EPIC) is the Uniform TOD Security Registration Act and applies only to "securities" -- shares, participations, interests in a business or enterprise, and security accounts (MCL 700.6301) -- not to motor vehicles. The Michigan Vehicle Code transfers chapter (MCL 257.233-257.240) contains no vehicle TOD provision. On an owner's death, title passes through probate, by operation of law, or to a surviving spouse/heir under MCL 257.236(2).
Because Michigan does not offer a vehicle TOD designation, the vehicle transfers through: Surviving spouse / heir title transfer: when the deceased owner left no other property requiring probate letters under MCL 700.3103, the surviving spouse (or, if none, an heir in the order set by MCL 700.2103) may apply directly to the Secretary of State for a title, on proof of death plus a certification of heirship, if the total value of the vehicle(s) does not exceed the statutory cap ($60,000.00 through 2023; $100,000.00 for calendar years 2024-2025; for 2026 and after, a cost-of-living-indexed amount the Department of Treasury certifies and publishes by September 1 of the prior year). MCL 257.236(2)-(3)., Certification from the Heir to a Vehicle (Michigan SOS form): the Secretary of State titles a deceased owner's vehicle to the closest next-of-kin -- the surviving spouse, or if none, the deceased's children -- on the original title (if available), a certified death certificate, ID, and proof of Michigan No-Fault insurance., Transfer by operation of law: a person acquiring a vehicle by operation of law may procure a title from the Secretary of State on satisfactory proof of ownership, regardless of whether a certificate of title was ever issued. MCL 257.236(1)., Probate administration: the personal representative of the owner's estate transfers ownership when the estate is administered under EPIC (1998 PA 386). MCL 257.236(1).. To keep other assets out of probate, SimplyTrust sets up a revocable trust online.
Without a vehicle TOD option, a Michigan vehicle typically passes through the estate unless it is jointly titled or held in a trust, or qualifies for a small-estate transfer. Compare your options with the trust vs. will comparison.
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