Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Michigan law, when heirs inherit real property after a decedent’s death, they hold title by operation of intestate succession. To transfer their individual interests in that property—whether a single heir or multiple heirs acting together—the common instrument is a quitclaim deed. A quitclaim deed conveys whatever interest the grantor holds without warranties against title defects. Heirs often use a quitclaim deed due to its simplicity and speed.
If the decedent’s estate has gone through probate and a personal representative (PR) was appointed, the PR should execute a Personal Representative’s Deed under MCL 700.3711. That deed conveys estate property according to the will or Michigan’s intestacy statutes.
Key steps to prepare and record an heirs’ quitclaim deed:
- Draft the deed with a recital identifying the decedent, date of death, and heirship. Include legal description of the land.
- Obtain notarization. Each heir-grantor must sign before a notary public.
- Complete transfer statement on the back of the deed or attach the Michigan Real Estate Transfer Tax Return (Form 219).
- File at the county Register of Deeds where the property is located. The Register will index the deed under each grantor and grantee name.
- Pay recording fees and transfer taxes. Refer to MCL 565.301 for recording fees, and see local county instructions for tax rates.
Once recorded, the quitclaim deed transfers the heirs’ interests to the new owner(s). Buyers should run a title search to confirm there are no additional liens or claims.
Helpful Hints
- Use a clear legal description (lot and block or metes and bounds).
- Include an “Heirship Affidavit” if the county requires proof of descent.
- Confirm the property is free of liens or judgment—title insurance can help.
- Check whether a probate filing is required before a PR deed is valid.
- Consult with a local attorney or title company for complex estates or out-of-state heirs.