Detailed Answer — How to re-record or update a joint survivorship deed after co-owners died (Michigan)

Short answer: In Michigan, ownership by right of survivorship usually passes automatically to the surviving owner(s) when a co‑owner dies. Recording the change is not always legally required, but you should update the public record so the county Register of Deeds and title companies recognize the survivor as sole owner. Typical steps include confirming the ownership type, obtaining certified death certificates, checking the original deed, preparing either an affidavit of survivorship or a corrective/confirmatory deed, and recording the document with the county Register of Deeds. If title is unclear or the decedent’s interest passed by will or intestacy instead of survivorship, you may need probate.

What a “joint survivorship deed” means in Michigan

A deed that creates a joint tenancy with the right of survivorship (sometimes called a joint survivorship deed) means co‑owners hold equal interests and, when one owner dies, that owner’s interest typically transfers immediately to the surviving owner(s) by operation of law. Because the transfer happens on death (not by a recorded conveyance), the surviving owner often must file documents to show the county records that title now rests solely with the survivor(s).

Step‑by‑step: How to update the record after co‑owners die

1. Confirm the form of ownership.

   Find the recorded deed that created the co‑ownership. Look for language like “joint tenants with right of survivorship” or similar. If deed language is ambiguous (it may create a tenancy in common instead), the transfer on death may not occur automatically and probate could be required.

2. Obtain certified copies of the death certificate(s).

   Most registers of deeds require a certified copy of the decedent’s death certificate to record a document evidencing survivorship. Michigan vital records information and how to order certified death certificates is available from the Michigan Department of Health and Human Services: https://www.michigan.gov/mdhhs/services/vital-records

3. Talk with the county Register of Deeds.

   Recording rules vary by county. The Register of Deeds can tell you what form they accept (an affidavit of survivorship, an affidavit of death of joint tenant, or a new deed such as a quitclaim/confirmatory deed) and whether they want an original certified death certificate or a certified copy. If you do not know the county office, the Michigan Association of Registers of Deeds can help locate local contacts: https://www.mard.org

4. Prepare the appropriate document.

   Common options:

   • Affidavit of Survivorship (or Affidavit of Death of Joint Tenant): A sworn statement by the surviving owner affirming the decedent died and that the survivors are the rightful owners. Often the simplest route when the survivorship is clear.
   • Confirmatory or corrective deed (e.g., quitclaim deed): If you want a new deed in the surviving owner’s name only, a deed transferring the decedent’s interest to the survivor can be prepared, acknowledged by a notary, and recorded.

   Have any document prepared or reviewed by an attorney or a title company if you have questions about language or effect.

5. Sign, notarize, and record.

   Most deeds and affidavits must be notarized. Record the signed document and attach the certified death certificate(s) as required by the county Register of Deeds. Recording provides public notice that the survivor is now the sole owner.

6. Update related records and insurance.

   Notify the mortgage holder (if any), update homeowners insurance, and consider ordering a title search or contacting a title company to obtain an updated title commitment or owner’s title insurance policy to avoid future disputes.

7. Consider probate only if needed.

   If the deed did not create survivorship (or there is competing documentation, such as a later will or conveyance), the decedent’s interest may pass through probate under Michigan probate law. Michigan Courts provide general probate process information at https://courts.michigan.gov. If probate is required, contact a probate attorney or the probate court in the county where the decedent lived.

Hypothetical example

Jane and Mark recorded a deed that said, “Jane Smith and Mark Smith, as joint tenants with right of survivorship.” Mark dies. Jane obtains Mark’s certified death certificate, contacts the county Register of Deeds, and records an Affidavit of Death of Joint Tenant attaching Mark’s death certificate. The Register records the affidavit, and the public record then shows Jane as the sole owner. If the original deed had not used survivorship language, Jane would likely need to start a probate case to get Mark’s interest transferred.

When to consult an attorney

Talk with an attorney if:

• The deed’s language about survivorship is ambiguous.
• There is a dispute among heirs or co‑owners.
• There is a mortgage, tax lien, or other encumbrance that might complicate transfer.
• The decedent left a will that appears to contradict the deed.

Relevant Michigan resources

• Michigan Legislature (statutes and legal code): https://www.legislature.mi.gov
• Michigan Department of Health and Human Services — Vital Records (death certificates): https://www.michigan.gov/mdhhs/services/vital-records
• Michigan Courts (probate information): https://courts.michigan.gov
• Michigan Association of Registers of Deeds (county contacts and recording guidance): https://www.mard.org

Disclaimer

This article is for general information only and is not legal advice. I am not a lawyer. For advice about your specific situation in Michigan, consult a licensed Michigan attorney or your county Register of Deeds.

Helpful Hints

• Always start by locating and reading the recorded deed to see exactly what type of ownership was created.
• Order certified death certificates early—the county often requires them for record changes.
• Call the county Register of Deeds before preparing documents to confirm their preferred form and any fees or special requirements.
• If you plan to record a new deed, use a short, clear confirmatory or quitclaim deed that refers to the prior recorded instrument (book/page or liber/folio or document number) so the record chain is clear.
• Recordings can affect property tax bills; contact the local assessor’s office if ownership changes.
• Keep copies of everything you record and get a certified copy of the newly recorded document for your files or for title insurance purposes.
• When in doubt, hire a Michigan attorney experienced in real estate or probate to avoid costly mistakes.