Michigan — Do I Still Need a Transfer-on-Death Deed or Payable-on-Death Designation? | Michigan Probate | FastCounsel
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Michigan — Do I Still Need a Transfer-on-Death Deed or Payable-on-Death Designation?

Detailed Answer — How a Will, TOD Deeds, and POD Designations Work in Michigan

Short answer: Yes — if you want property to pass automatically outside probate to your daughter, you generally still need proper transfer-on-death (TOD) deeds or payable-on-death (POD) beneficiary designations for those specific accounts or pieces of property. A will controls how probate-distributed property is handled, but it does not override beneficiary or title-based transfer methods that operate outside probate.

Why a will alone may not be enough

In Michigan, a will controls how property that goes through probate is distributed. Probate is the court process that confirms a will and transfers legal title to heirs or beneficiaries. However, many assets pass outside probate because of the way they are titled or because they have beneficiary designations:

  • Bank and brokerage accounts with a payable-on-death (POD) or transfer-on-death (TOD) beneficiary designation pass directly to the named beneficiary when the account owner dies. These are non‑probate transfers and do not get controlled by the will.
  • Securities registered in transfer-on-death form and many retirement accounts, life insurance policies, and annuities have their own beneficiary forms; the beneficiary designation governs the transfer.
  • Real estate will pass outside probate only if properly transferred by an instrument that creates a survivorship or a valid TOD deed recognized under state law. Otherwise, land titled solely in the owner’s name typically must pass through probate according to the will.

How this plays out in practical terms (hypothetical examples)

  • Example A — Bank account: You have a bank account titled in your name and a will that leaves everything to your daughter. If you fail to add a POD beneficiary (or if the beneficiary form lists someone else), the bank account will go through probate and be distributed according to your will (or intestacy rules if no valid will exists). If you add your daughter as a POD beneficiary at the bank, the account bypasses probate and transfers directly to her at your death.
  • Example B — House: Your will leaves your house to your daughter, but the house is titled solely in your name and there is no TOD deed. After your death, the executor must open probate to transfer title under the will. If you instead sign a valid TOD deed (and record it, where required), the house can pass directly to the named beneficiary outside probate.

Important legal principles

  • Non‑probate instruments prevail. If a piece of property has a valid beneficiary designation or is held in a way that creates a right of survivorship or a recorded TOD deed, that designation generally controls and the will does not change it.
  • Formalities matter. A beneficiary form or TOD deed must be completed and executed according to the requirements of the financial institution or state law to be effective. For real property, that usually includes signing, proper witnessing/notarization (if required), and recording the deed in the county where the property lies.
  • Timing matters. Many TOD deeds and beneficiary forms must be in place and effective before death. Changing titles or designations after death is usually impossible without a court proceeding.

Michigan resources

When a TOD deed or POD designation is especially useful

  • You want to avoid probate delay and costs for smaller accounts or a house.
  • You want specific assets to pass to your daughter even if your will is contested or if you change other parts of your estate plan.
  • You want a simple, low-cost way to ensure certain assets transfer immediately upon death.

When a will (or other document) may still be necessary

  • Wills are useful to: name an executor, provide for assets that can’t be transferred by beneficiary designation, handle personal property that lacks a title, and direct distribution of any probate estate you still have.
  • If you have minor children, a will can name a guardian. Beneficiary designations do not do that.

Common pitfalls to avoid

  • Relying solely on a will while ignoring title and beneficiary forms. That can result in unexpected probate or assets passing to someone other than your intended beneficiary.
  • Failing to record a TOD deed for real property. In many circumstances, a TOD deed is not effective until properly recorded.
  • Leaving inconsistent beneficiary designations (e.g., bank account lists someone else) and assuming the will will override it — it won’t.
  • Not checking beneficiary forms after life changes (marriage, divorce, births, deaths). Institutions sometimes require updates or have their own default rules.

Practical Steps to Take Now

  1. Make an inventory: list all bank accounts, investment accounts, retirement accounts, life insurance policies, and real estate and check how each is titled or what beneficiary is named.
  2. For each account or asset, confirm whether it has a beneficiary designation or TOD/POD option and update those forms if you want your daughter to be the primary recipient.
  3. For real estate you want to pass outside probate, ask an attorney how to prepare and record a valid Michigan transfer-on-death deed or whether a living trust might be a better option.
  4. Coordinate documents: ensure your will, beneficiary designations, deeds, and any trusts all reflect your current intentions and do not create contradictory results.
  5. Keep records: keep copies of beneficiary forms, TOD deeds, and account statements that show beneficiary designations; tell your executor or trusted family members where these records are kept.

Helpful Hints

  • Check beneficiary forms first — they often control transfer and can be changed quickly by the account owner while alive.
  • For banks and brokerages, use the institution’s own POD/TOD forms to avoid problems.
  • If you change your will, remember that beneficiary designations and deeds remain effective until you change them.
  • Talk to the county register of deeds office where your property is located to learn local recording requirements for TOD deeds.
  • Consider a pour‑over will with a revocable trust if you want central control and to minimize probate estate — but get attorney help to set it up properly.
  • Review beneficiary designations after major life events (marriage, divorce, births, deaths) to avoid unintended heirs.

When to consult an attorney

Consider consulting an estate planning attorney if you have real estate, mixed-titled assets, multiple beneficiaries, or complex family circumstances. An attorney can prepare TOD deeds, review beneficiary designations, and coordinate your will and any trusts to reduce the risk of unintended results or a costly probate.

Disclaimer: This article explains general Michigan concepts and is for educational purposes only. It is not legal advice. For guidance tailored to your situation, consult a licensed Michigan attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.