How to File and Record a New Deed in Michigan After a Spouse Dies

Detailed Answer

When a spouse dies, transferring title to real property so a child becomes the owner depends on how the decedent held title and whether the property must pass through probate under Michigan law. Below are the common paths and the step‑by‑step actions for each. This is an educational summary, not legal advice.

Step 1 — Confirm how title was held

Look at the recorded deed to see the ownership form. Typical possibilities:

• Tenancy by the entireties (married couples): ownership automatically goes to the surviving spouse on death.
• Joint tenancy with right of survivorship: title passes automatically to the surviving joint owner.
• Sole ownership in the deceased spouse’s name: the property usually must pass through probate (or other transfer procedure) before a new deed can be recorded.
• Deed naming a beneficiary (transfer‑on‑death / beneficiary deed): if a recorded beneficiary‑style deed existed, the named beneficiary takes title without probate (if Michigan instrument used).

Step 2 — Get certified documents

Obtain multiple certified copies of the death certificate from the state or county vital records office. You will also need originals or certified copies of any will, trust documents, and recorded deeds.

Step 3 — Determine if probate or a non‑probate route applies

When the decedent was the sole owner, you will most often need to open a probate estate (formal or informal) so a personal representative (executor/administrator) can convey the property. If the decedent left a valid beneficiary deed or the property was jointly owned with survivorship, probate usually is unnecessary.

For information about Michigan probate procedures and forms, see Michigan Courts’ probate resources: https://courts.michigan.gov. For the state statutes governing wills, intestate succession, and probate (the Estates and Protected Individuals Code), see the Michigan Legislature: https://www.legislature.mi.gov.

Step 4 — If probate is required, open the estate

Common actions:

• File a petition with the probate court in the county where the decedent lived.
• If there is a will, file it and ask the court to appoint the executor (letters testamentary).
• If there is no will, request appointment as administrator (letters of administration).
• Provide the court with a certified death certificate and other required paperwork.

Once appointed, the personal representative can sign a deed conveying the property according to the will or intestacy rules.

Step 5 — If you want to make the child the owner — how the deed gets created

Who signs the new deed depends on the route:

• If the property passed automatically to a surviving spouse or joint owner, that surviving owner signs a new deed transferring title to the child. The deed must be prepared, signed, notarized, and recorded.
• If a personal representative was appointed in probate, the representative executes a deed conveying the property to the child consistent with the court’s distribution order. The representative should attach a copy of the letters (proof of authority) and the court’s order if the county register requests it.
• If the decedent used a valid beneficiary/transfer‑on‑death deed naming the child, follow the recording instructions in that instrument (usually file an affidavit or required forms and a certified death certificate to have title recorded in the beneficiary’s name).

Step 6 — Prepare the deed correctly

Required elements generally include the legal description of the property, the grantor’s name (the person transferring), the grantee’s name (the child), proper wording of conveyance, signature by the grantor (or by the personal representative with authority), and a notary acknowledgment. Use a deed form compatible with Michigan law (warranty deed, quitclaim deed, etc.).

Step 7 — Record the deed at the county Register of Deeds

Take the original signed and notarized deed, certified death certificate, and, if applicable, proof of the personal representative’s authority (letters) or the probate order to the Register of Deeds office where the property is located. Pay the recording fee. The Register of Deeds will record the deed and return a stamped copy.

Practical considerations and likely timeline

• If title passes by survivorship and the surviving spouse executes a deed voluntarily to the child, the transfer can be done in days once documents are prepared and notarized.
• If probate is required, expect several weeks to several months depending on court schedules, assets, creditor notices, and whether the estate is contested.
• If the estate is small and Michigan law permits a simplified procedure, some transfers may be faster; check the probate court’s small‑estate options for details.

When to consult an attorney

Talk to an attorney if any of the following apply:

• Title is unclear or deed language is ambiguous.
• There is no will and family members disagree about distribution.
• There are mortgage, tax, or lien issues on the property.
• You need help drafting a deed or navigating probate court.

Relevant Michigan authorities (starting points)

Michigan’s probate and succession laws are in the Estates and Protected Individuals Code. For state statutes and text, visit the Michigan Legislature: https://www.legislature.mi.gov. For probate court forms and procedural guidance, see Michigan Courts: https://courts.michigan.gov. For recording procedures and fees, contact the county Register of Deeds where the property sits.

Disclaimer: This information is educational only and not legal advice. Laws and local procedures change. Consult a licensed Michigan attorney or your county probate court/Register of Deeds for advice tailored to your situation.

Helpful Hints

• Start by pulling the recorded deed from the county Register of Deeds to confirm ownership wording.
• Order multiple certified copies of the death certificate — counties and title companies frequently require them.
• If there is a mortgage, notify the lender; paying off or assuming the loan may affect transfer options.
• Use an accurate legal description from the recorded deed; street addresses are not sufficient for recording.
• If the surviving spouse is signing a deed, have a title company or attorney prepare the deed to ensure correct warranties and tax language.
• Ask the county Register of Deeds what proof they require to accept a deed after death (some want letters of authority or court orders).
• Keep records: retain copies of recorded documents, receipts for fees, and any correspondence with the court or Register of Deeds.
• If you need to avoid probate, ask an attorney whether a transfer‑on‑death deed or placing the property into a revocable trust would meet your goals for future planning.