Michigan special warranty deed
Here is what Michigan actually requires on a special warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- 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 special warranty deed does in Michigan
A special warranty deed, also called a limited warranty deed or a covenant deed in some states and a grant deed in California, sits between a quitclaim and a general warranty deed. The grantor promises they did nothing during their own ownership to damage the title, and nothing more. Anything that happened before they bought the property is the buyer's risk. Estates, trustees, banks, and builders use it almost exclusively.
When Michigan homeowners use a special warranty deed
- Sell a property you inherited or hold as trustee
- Convey a property you have owned only briefly
- Transfer commercial or investment property
- Give a buyer more protection than a quitclaim without accepting unlimited exposure
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 |
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.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
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 special warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Defects that predate your ownership are not covered. The buyer bears that risk.
- It does not substitute for a title search or an owner's title insurance policy.
- It transfers ownership immediately and cannot be revoked.
- Some purchase contracts specifically require a general warranty deed; check yours before using this one.
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.
How to hold title in Michigan
When two or more people take title in Michigan and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Michigan: tenancy by the entirety (married couples only), joint tenancy with right of survivorship, and tenancy in common.
Married couples
A conveyance to a married couple in Michigan creates a tenancy by the entirety by default.
$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.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
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 lady bird deedAn enhanced life estate deed: you keep total control for life, and the property passes automatically at death.
- 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.