Estate · Transfer-on-Death Deed
Transfer-on-Death Deed in Michigan
Whether Michigan lets you pass a home with a transfer-on-death deed, the formalities that make it valid, the Medicaid and creditor exceptions, and the workaround if it is not allowed. Cited to the statute or the controlling practice.
The rules and exceptions in Michigan
What makes the deed valid here, when it does not work, and the Medicaid and creditor details that matter.
| The rule in this state | What it means |
|---|---|
| No statutory transfer-on-death deed exists | Michigan never adopted the Uniform Real Property Transfer on Death Act. A search of Chapter 565, which governs conveyances of real property, turns up no transfer-on-death deed, no enhanced life estate deed, and no Ladybird deed. There is no statute to point to. |
| The nonprobate principle does not reach deeds | MCL 700.6101(1) makes a provision for a nonprobate transfer on death nontestamentary when it appears in things like an insurance policy, account agreement, or conveyance. That validates beneficiary designations generally. It is not a transfer-on-death deed authorization. |
| The Ladybird deed is drafted, not statutory | The Ladybird or enhanced life estate deed lets an owner keep full control during life and pass the property at death, and it is widely used in Michigan. But it is a drafting technique recognized by Michigan title practice and agency guidance, built from the ordinary statutory deed forms such as the quitclaim form in MCL 565.152. It is not a statutory TOD deed and there is no code section that creates it. |
| Key details and exceptions | What it means |
|---|---|
| Joint ownership with survivorship | Joint tenancy with full rights of survivorship is the simplest Michigan route for co-owners, and it is unaffected by the absence of a TOD deed statute. On the first owner’s death the property passes automatically to the survivor. |
| Revocable living trust | A revocable trust holds the home during life and passes it to beneficiaries at death without probate, while keeping the owner in control. It covers the whole estate, not just one parcel. |
What you can do right now
Concrete, neutral steps to pass a home outside probate in Michigan. This is legal information, not legal advice.
- Do not expect a statutory transfer-on-death deed
Michigan has no TOD deed statute, so do not rely on a form that claims to be one. Use a route Michigan practice actually supports.
- Ask a lawyer about a Ladybird deed
The enhanced life estate deed is the common Michigan tool for passing a home at death while keeping control during life. Because it rests on title practice rather than statute, have it drafted by a Michigan real estate or estate attorney.
- Consider joint ownership or a trust instead
A joint tenancy with survivorship passes the property to a co-owner automatically, and a revocable trust avoids probate for the whole estate. Each has different trade-offs.
- Weigh Medicaid estate recovery before you act
The Ladybird route has particular Medicaid estate-recovery consequences that make it a lawyer question. Michigan Legal Help can point you to resources.
A deed that misses a witnessing or recording rule can be void, and Medicaid recovery can undo the plan. This resource can connect you with a licensed estate attorney.
→ Michigan Legal HelpThis is general legal information, not legal advice. Witnessing rules, recording deadlines, Medicaid recovery, and spousal rights can change the answer, so confirm your plan with a licensed attorney.
What people get wrong about Michigan TOD deeds
Michigan has no transfer-on-death deed statute, but the answer is not simply that you are stuck with probate, because Michigan practice fills the gap with something else. The state never adopted the Uniform Real Property Transfer on Death Act, and a search of Chapter 565, which governs conveyances, finds no TOD deed anywhere in it. The one general nonprobate rule, MCL 700.6101, only confirms that a beneficiary designation written into an instrument is nontestamentary. It does not create a deed you can record to name who takes your house. What Michigan owners actually use is the Ladybird deed, an enhanced life estate deed that lets you keep full control of your home during life, including the power to sell or change your mind, and pass whatever is left to a named person at death. The important caveat is that the Ladybird deed is a drafting technique recognized by Michigan title custom and agency guidance, not an instrument the Legislature created. There is no code section for it, so do not treat it as a statutory transfer-on-death deed, and have it drafted by a lawyer. Joint ownership with survivorship and a revocable trust are the other common routes, and the Ladybird deed in particular carries Medicaid estate-recovery consequences worth checking first.
Common questions
Can I use a transfer-on-death deed in Michigan?
No. Michigan has no transfer-on-death deed statute. Owners who want to pass a home outside probate use a Ladybird deed, a joint tenancy with survivorship, or a revocable trust instead.
What is a Ladybird deed in Michigan?
It is an enhanced life estate deed that lets you keep full control of your property during life and pass it to a named person at death. It is recognized by Michigan title practice, not created by statute, so have a lawyer draft it.
Is a Ladybird deed the same as a transfer-on-death deed?
Not exactly. It reaches a similar result, but there is no Michigan statute that creates it. It is a practice-based instrument, so it should not be called a statutory transfer-on-death deed.
Does a Ladybird deed affect Medicaid in Michigan?
It can. The Ladybird route has particular Medicaid estate-recovery consequences, which is one reason it is a lawyer question rather than a do-it-yourself form. Confirm the current rules before relying on it.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.