Michigan property deeds
Deed rules are state law, and Michigan's differ from its neighbours in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- 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
Deeds Michigan recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer-on-death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | No |
| Lady bird deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | Yes |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
Michigan does not recognize transfer-on-death deeds. Recording one here wouldn't achieve what you want.
How a deed has to be signed in Michigan
Michigan requires the grantor's signature to be acknowledged before a notary public. No witnesses are required. Michigan eliminated the two-witness requirement for deeds in 2002. A notarial acknowledgment is what the statute now requires (MCL § 565.8).
| Requirement | Rule |
|---|---|
| Notarization | Required for every signature |
| Witnesses | None |
| Preparer statement | Required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Not generally required |
Michigan document formatting rules
Registers of deeds in Michigan expect 8.5 × 11 inch paper with a 2.5-inch top margin on the first page and 0.5-inch margins elsewhere. Type must be at least 10 point. That top margin is the recorder's stamp area. Writing into it is the most common formatting rejection there is.
- Michigan requires a 2.5-inch top margin on the first page and at least 0.5-inch elsewhere (MCL § 565.201).
Michigan transfer tax and recording fees
Michigan charges Real estate transfer tax at State $3.75 per $500 ($7.50 per $1,000), plus county $0.55 per $500. Customarily paid by the grantor. A Property Transfer Affidavit must be filed with the local assessor within 45 days of the transfer or a penalty applies, and it is filed separately from recording the deed.
Common exemptions: transfers between spouses, transfers between certain family members (michigan's 'uncapping' exemptions), gifts with no consideration, and transfers to or from a revocable trust.
A form has to travel with the deed
Michigan requires Property Transfer Affidavit (Form L-4260), filed with the assessor within 45 days with most recorded deeds, including gifts and other exempt transfers. Recorders reject packages that are missing it.
Recording fees run about $30 for the first page. Michigan moved to a flat $30 recording fee per document.
How to hold title in Michigan
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
- Tenancy by the entirety. Married couples only, with automatic survivorship and, in most states that allow it, protection from one spouse's creditors.
What the law presumes for married couples
A conveyance to a married couple in Michigan creates a tenancy by the entirety by default.
Where to record a deed in Michigan
Deeds are recorded with the Register of Deeds in the county where the property is located. Michigan has 83 counties. Most offices accept e-recording through a submitting service, which is usually same-day.
Wayne · Oakland · Macomb · Kent · Genesee · Washtenaw · Ottawa · Ingham · Kalamazoo · Livingston. all Michigan recording offices
Why deeds get rejected in Michigan
- 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.
From $39. Every Michigan rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, and record it with the Register of Deeds in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a lady bird deed for probate avoidance.
No. Michigan does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
About $30 for the first page. Michigan also charges real estate transfer tax at State $3.75 per $500 ($7.50 per $1,000), plus county $0.55 per $500.
No. Michigan is not among the 32 states plus DC that authorise a transfer-on-death deed. Michigan does recognize the lady bird deed, which achieves something similar.
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 lady bird deedAn enhanced life estate deed: you keep total control for life, and the property passes automatically at death.
- Michigan recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
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.