Michigan lady bird deed
A lady bird deed lets you name who inherits your Michigan property without probate, while you keep full ownership and the right to change your mind. Here is exactly what Michigan requires, what it costs, and where to file it.
- Recording office
- Register of Deeds
- Witnesses
- Notary only
- Transfer tax
- State $3.75 per $500
- First-page margin
- 2.5″ top
- Recording fee
- ~$30 first page
- E-recording
- Generally available
What a lady bird deed does in Michigan
A lady bird deed, formally an enhanced life estate deed, reserves a life estate for you while keeping the power to sell, mortgage, lease, or take the property back without your remainder beneficiary's signature. That retained power is what makes it 'enhanced'. At your death the property passes directly to the remainder beneficiaries outside probate. Florida, Texas, Michigan, Vermont, and West Virginia recognize it.
Formally an enhanced life estate deed. Michigan is one of the five states where lady bird deeds are firmly established. Michigan Land Title Standard 9.3 addresses them directly.
When Michigan homeowners use a lady bird deed
- Avoid probate while keeping complete control of the house
- Preserve the Florida or Texas homestead exemption and the step-up in basis
- Estate planning where a traditional life estate would give away too much control
- Medicaid planning in a state that does not treat the transfer as a divestment
What Michigan requires on the deed
These are the execution and formatting rules registers of deeds enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Michigan says |
|---|---|
| Recording office | Register of Deeds |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Required. The deed must name who drafted it. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 2.5-inch top margin on the first page, 0.5-inch elsewhere, 10pt minimum type. |
| Accompanying form | Property Transfer Affidavit (Form L-4260), filed with the assessor within 45 days |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
How to complete and record it in Michigan
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Register of Deeds can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with Michigan's statutory language, the correct notary block, and the 2.5-inch first-page margin registers of deeds expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Complete Property Transfer Affidavit (Form L-4260), filed with the assessor within 45 daysMichigan requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the Register of DeedsFile in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Tell your beneficiaries where it isAfter your death they will need the recorded document plus a certified death certificate, and in most states an affidavit of death, to complete the transfer.
What it costs in Michigan
| Cost | Typical amount |
|---|---|
| Recording fee | About $30 for the first page |
| Transfer tax | Real estate transfer tax: State $3.75 per $500 ($7.50 per $1,000), plus county $0.55 per $500 |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Michigan charges a real estate transfer tax of State $3.75 per $500 ($7.50 per $1,000), plus county $0.55 per $500. It is customarily paid by the grantor. Cities and counties may add their own on top, so check the municipality rather than just the county.
Exemptions that commonly apply to a transfer like this: transfers between spouses, transfers between certain family members (michigan's 'uncapping' exemptions), gifts with no consideration, and transfers to or from a revocable trust. You have to claim the exemption. The recorder won't apply it for you.
Where to record it in Michigan
Michigan deeds are recorded with the Register of Deeds in the county where the property sits, not where you live. There are 83 counties in Michigan.
Most Michigan recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in Michigan: Wayne, Oakland, Macomb, Kent, Genesee, Washtenaw, Ottawa, Ingham, Kalamazoo, Livingston. See all Michigan recording offices.
What a lady bird deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only Florida, Texas, Michigan, Vermont, and West Virginia are generally recognized as accepting it. Some counties elsewhere will record it, but recording is not the same as validity.
- It does not defeat Medicaid estate recovery in every state, and the rules change. Confirm your state's current position before relying on it.
- It does not remove or restructure a mortgage, and a due-on-sale clause may still exist in theory even though lenders rarely invoke it for these transfers.
- It is a specialized instrument. If your estate is large, taxable, or contested, this is a conversation for an attorney rather than a form.
Quirks of Michigan law that catch people out
- Michigan eliminated the old two-witness requirement in 2002. A notary alone is sufficient today. Forms floating around online still show witness lines; they are outdated.
- A Property Transfer Affidavit (L-4260) must be filed with the LOCAL ASSESSOR within 45 days, separately from recording. Missing it triggers a penalty and can uncap the taxable value.
- Michigan is one of the five lady bird deed states, and lady bird deeds are used here routinely for probate avoidance.
- A conveyance to a married couple creates a tenancy by the entirety automatically, which carries strong creditor protection.
- Michigan does not recognize transfer-on-death deeds. The lady bird deed fills that role.
$69, one time. Your finished deed appears in full before you pay, with Michigan's witness rules, margins, and recording instructions already applied.
Common questions
No. Michigan has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the Register of Deeds. Deedly produces all of that for $69, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $30 for the first page. Michigan also charges real estate transfer tax of State $3.75 per $500 ($7.50 per $1,000), plus county $0.55 per $500, though gifts and family transfers are often exempt. Michigan moved to a flat $30 recording fee per document.
No. Michigan requires only that the grantor's signature be acknowledged before a notary public. Michigan eliminated the two-witness requirement for deeds in 2002. A notarial acknowledgment is what the statute now requires (MCL § 565.8).
With the Register of Deeds in the county where the property is located, not where you live, and not where the buyer lives. Michigan has 83 counties. Most offices also accept e-recording through a submitting service.
Yes. Lady bird deeds are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On death the property passes directly to the people you named, outside probate, once they record proof of death with the Register of Deeds. It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
Keep reading
- Michigan quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Michigan general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Michigan special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Michigan life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for MichiganRecording offices, transfer tax, witness rules, and fees.
- Michigan recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.