What Happens to Jointly Owned Property in Michigan When an Owner Dies?
When a joint owner dies in Michigan, what the survivor records is the “Affidavit stating facts relating to matters affecting realtyMCL 565.451aVerified Oct 26, 2026View source”.
Michigan names the “Affidavit stating facts relating to matters affecting realtyMCL 565.451aVerified Oct 26, 2026View source”. Michigan law lets any person who knows the facts record an affidavit stating a death that affects title with the county register of deeds. Recording is optional, but a later deed by the survivor is recorded only once proof of the death is on recordMCL 565.451a(a)Verified Oct 26, 2026View source. The affidavit of death is prepared to the Michigan statute's requirements.
Who may sign, in the statute's words: Any person having knowledge of the facts and competent to testify concerning those facts in open courtMCL 565.451aVerified Oct 26, 2026View source. The document is sworn before a notary public, who completes the juratMCL 55.265(a); MCL 565.451aVerified Oct 26, 2026View source.
What the statute has it state: the facts of the death of the deceased owner named in the deed that vested the property; a description of the land, or a reference to the recorded deed or other instrument in the chain of title that fully describes it; any social security number with its first five digits obscured or removedMCL 565.451a(a)Verified Oct 26, 2026View source.
Filed with the Affidavit stating facts relating to matters affecting realtyMCL 565.451aVerified Oct 26, 2026View source: Property Transfer Affidavit (Form 2766, L-4260)MCL 211.27a(10); MCL 211.27a(7)(a), (i)Verified Oct 26, 2026View source.
Michigan owners hold with a right of survivorship as joint tenants, which the deed must expressly declare; as joint tenants with right of survivorship, which creates a joint life estate with the remainder to the survivor; or as tenants by the entirety, which a deed to a married couple creates unless it says otherwise. At the death the deceased owner's interest ends and the survivor holds the propertyMCL 565.451a, 565.451c, 565.452, 565.453; MCL 565.48; MCL 554.44, 554.45Verified Oct 26, 2026View source.
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Learn moreForms for Settling an Estate in Michigan
Free forms for settling an estate in Michigan: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Affidavit of Death
In Michigan, a surviving joint owner records the “Affidavit stating facts relating to matters affecting realtyMCL 565.451aVerified Oct 26, 2026View source”.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Petition for Probate and Letters
In Michigan, the petition asks the Probate Court to appoint the personal representative, whose authority is proved by Letters of Authority for Personal Representative; an informal (registrar) track is availableMCL 700.3302Verified Sep 8, 2026View source.
Notice to Creditors
In Michigan, the notice to creditors is published for 1MCL 700.3801, 700.3803, 700.3804, 700.3805, 700.3806; MCR 5.208, MCR 5.106Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 4 monthsMCL 700.3803Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Michigan, a person named as personal representative may renounce the right to serveMich. Comp. Laws § 700.3203(3)Verified Sep 22, 2026View source before anyone is appointed.
Affidavit of Heirship
In Michigan, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areMCL 565.451a-565.453 (1915 PA 123); MCL 257.236Verified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.
Small Estate Affidavit
In Michigan, the Affidavit of Decedent's SuccessorMCL 700.3983Verified Sep 8, 2026View source covers estates with personal property of $53,000MCL 700.3983Verified Sep 8, 2026View source or less, 28 daysMCL 700.3983Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Tools for Settling an Estate in Michigan
Free tools for settling an estate in Michigan: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Michigan, certified death certificates come from the Michigan Department of Health and Human Services - Division for Vital Records and Health StatisticsMichigan Department of Health and Human Services - Division for Vital Records and Health StatisticsVerified Oct 15, 2026View source; the first copy costs $34Michigan Department of Health and Human Services - Division for Vital Records and Health StatisticsVerified Oct 15, 2026View source, additional copies $16Michigan Department of Health and Human Services - Division for Vital Records and Health StatisticsVerified Oct 15, 2026View source each.
Do I Need Probate?
In Michigan, estates with personal property of $53,000MCL 700.3983Verified Sep 8, 2026View source or less skip probate with the Affidavit of Decedent's SuccessorMCL 700.3983Verified Sep 8, 2026View source, 28 daysMCL 700.3983Verified Sep 8, 2026View source after death.
Do I Have to File Tax Returns for Someone Who Died?
Michigan requires a final state income tax return for the decedent alongside the federal Form 1040MCL 206.51Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Michigan: the personal representative files the estate inventory within 91 daysMCL 700.3706, 700.3707, 700.3708Verified Sep 15, 2026View source of appointment; creditors have 4 monthsMCL 700.3801, 700.3803, 700.3804, 700.3805, 700.3806; MCR 5.208, MCR 5.106Verified Oct 18, 2026View source to present claims; a simple estate closes in 5 months to 7 months.
What Do I Do When Someone Dies?
After a death in Michigan, the estate either qualifies for the simplified procedure for estates under $53,000MCL 700.3983Verified Sep 8, 2026View source or goes through probate, where creditors have 4 monthsMCL 700.3803Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Michigan levies no estate or inheritance taxNo 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; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Michigan imposes no inheritance or estate taxNo 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; probate assets arrive when the estate closes, 5 months to 7 months for a simple estate.
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Michigan Estate Settlement Resources
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