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State rules · Michigan

Michigan: estate, probate and Medicaid rules in one place

What applies in Michigan, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does Michigan have a state estate tax?

State estate tax: No. The pinned estate-tax dataset (2026.v2) has no row for Michigan, so it cites no state statute; the state page records no state estate or inheritance tax.

Does Michigan have an inheritance tax?

Inheritance tax: No. The pinned estate-tax dataset (2026.v2) has no row for Michigan, so it cites no state statute; the state page records no state estate or inheritance tax.

Can you use a transfer-on-death deed in Michigan?

Transfer-on-death deed for real estate: None — not available for real property. No real-property TOD-deed statute; MI's only TOD statute (MCL 700.6301 et seq.) covers securities

What is the Medicaid look-back period in Michigan?

Look-back period: 60 months before the baseline date (Michigan Bridges Eligibility Manual item 405; Effective April 1, 2026; calendar-year 2026 divisor).

Does Michigan tax Social Security benefits?

Social Security benefits: Exempt (Revenue Administrative Bulletin 2026-1 — Treatment of Retirement Income Under Public Act 4 of 2023; tax year 2026).

State estate tax

Estate-tax dataset 2026.v2

State estate tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for Michigan, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Inheritance tax

Estate-tax dataset 2026.v2

Inheritance tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for Michigan, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Transfer-on-death deed

Transfer-on-death deed for real estate
None — not available for real propertyNot primary-verified

No real-property TOD-deed statute; MI's only TOD statute (MCL 700.6301 et seq.) covers securities

· Checked July 26, 2026

Controlling statute
Not primary-verified

No real-property TOD-deed statute; MI's only TOD statute (MCL 700.6301 et seq.) covers securities

· Checked July 26, 2026

Small-estate procedure

Current rule
annually indexed ceiling based on $50,000; transfer affidavit after 28 daysVerified

Source: Mich. Comp. Laws § 700.3982 (adjusted under § 700.1210) · Effective: base 2024; indexed each year · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

Extended-care institutional and waiver income limit
$2,982 per monthVerified
  • Applies to: single applicant.

Source: CMS 2026 SSI and spousal-impoverishment standards · Also: Michigan Bridges Eligibility Manual item 164 · Effective: Income, resource, CSRA, maximum MMMNA, and home-equity figures effective January 1, 2026 · Checked September 5, 2026

Applicant resource limit
$9,950Verified
  • Applies to: single applicant.

Source: Michigan Bridges Eligibility Manual item 400 · Effective: Effective April 1, 2026 · Checked September 5, 2026

Couple resource limit
$14,910Verified
  • Applies to: married extended-care recipient couple when the couple standard applies.

Source: Michigan Bridges Eligibility Manual item 400 · Effective: Effective April 1, 2026 · Checked September 5, 2026

Community-spouse resource allowance
$32,532 minimum to $162,660 maximumVerified
  • Applies to: institutionalized applicant with a community spouse; actual allowance depends on assessed resources and adjustments.

Source: Michigan Bridges Eligibility Manual item 402 · Effective: Current item effective July 1, 2026; 2026 CSRA figures effective January 1, 2026 · Checked September 5, 2026

Community-spouse monthly maintenance-needs allowance
$2,705 minimum to $4,066.50 maximumVerified
  • Applies to: institutionalized applicant with a community spouse; $811.50 shelter standard and spouse income affect the actual allowance.

Source: Michigan Bridges Eligibility Manual item 546 · Effective: Current maintenance-needs range effective July 1, 2026; annual maximum effective January 1, 2026 · Checked September 5, 2026

Home-equity limit
$752,000Verified
  • Applies to: applicant unless a spouse, child under 21, or blind or disabled child resides in the home.

Source: Michigan Bridges Eligibility Manual item 400 · Also: Michigan Bridges Eligibility Manual item 402 · Effective: Effective April 1, 2026 · Checked September 5, 2026

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 months before the baseline dateVerified

Source: Michigan Bridges Eligibility Manual item 405 · Effective: Effective April 1, 2026; calendar-year 2026 divisor · Checked September 5, 2026

Transfer-penalty divisor
$12,216 per month for calendar year 2026Verified

Source: Michigan Bridges Eligibility Manual item 405 · Effective: Effective April 1, 2026; calendar-year 2026 divisor · Checked September 5, 2026

How the state administers the penalty
Divide total uncompensated value by the monthly divisor. Multiply a fractional month by 30 to determine penalty days under the current divestment manual.Verified

Source: Michigan Bridges Eligibility Manual item 405 · Effective: Effective April 1, 2026; calendar-year 2026 divisor · Checked September 5, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
Michigan ordinarily recovers from property subject to probate administration. For a long-term-care partnership participant with an asset disregard, the state plan expands recovery to nonprobate property but offsets recovery by the disregarded amount.Verified

Source: Michigan Medicaid State Plan SPA 16-0005 · Also: Michigan Compiled Laws § 400.112h · Effective: SPA 16-0005 approved May 24, 2016; effective January 1, 2016 · Checked September 5, 2026

Controlling authority
Michigan Compiled Laws §§ 400.112g through 400.112k and Medicaid State Plan SPA 16-0005 govern estate recovery.Verified

Source: Michigan Compiled Laws § 400.112g · Also: Michigan Medicaid State Plan SPA 16-0005 · Effective: Added by 2007 PA 74; immediate effect September 30, 2007 · Checked September 5, 2026

Exemptions and deferrals
Recovery is deferred while there is a surviving spouse or a surviving child under 21, blind, or disabled. A qualifying two-year caregiver survivor and a sibling with an equity interest who lived in the home for at least one year also receive statutory protection.Verified

Source: Michigan Compiled Laws § 400.112g · Effective: Added by 2007 PA 74; immediate effect September 30, 2007 · Checked September 5, 2026

Hardship waiver
The current hardship application includes specified family-farm or family-business and modest-value-home criteria together with the form's financial tests.Verified

Source: Michigan MDHHS Estate Recovery Hardship Waiver Application MSA-0008 · Effective: Form revision April 2026 · Checked September 5, 2026

Lien practice
Michigan is not a TEFRA-lien state and does not place a pre-death lien under that authority.Verified

Source: Michigan Medicaid State Plan SPA 16-0005 · Also: Michigan Compiled Laws § 400.112g · Effective: SPA 16-0005 approved May 24, 2016; effective January 1, 2016 · Checked September 5, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
ExemptVerified
  • Federally taxable Social Security benefits are subtracted from Michigan income.

Source: Revenue Administrative Bulletin 2026-1 — Treatment of Retirement Income Under Public Act 4 of 2023 · Effective: tax year 2026 · Checked January 8, 2026

Public pensions
Exempt when conditions are metVerified
  • Qualifying public retirement income may be subtracted subject to the 2026 combined limit; pre-1946 taxpayers retain unlimited treatment for qualifying Michigan and federal public benefits.
  • The payment must be a qualifying retirement or pension distribution included in federal adjusted gross income.
  • For tax year 2026 and later, combined public and private retirement subtractions are limited by the inflation-adjusted private-retirement maximum; the exact 2026 dollar maximum remains unavailable until Treasury publishes it.
  • Do not calculate a dollar subtraction until the official 2026 inflation-adjusted maximum is published.
  • Military, Michigan National Guard, railroad, and certain public-retirement deductions reduce the shared maximum.
  • A pre-1946 birth year changes the public-benefit limit; joint returns use the older spouse and survivor rules can apply.

Source: Revenue Administrative Bulletin 2026-1 — Treatment of Retirement Income Under Public Act 4 of 2023 · Effective: tax year 2026 · Checked January 8, 2026

Private pensions
Exempt when conditions are metVerified
  • Qualifying private pension income may be subtracted subject to the combined annual maximum.
  • The payment must be a qualifying retirement or pension distribution included in federal adjusted gross income.
  • For tax year 2026 and later, combined public and private retirement subtractions are limited by the inflation-adjusted private-retirement maximum; the exact 2026 dollar maximum remains unavailable until Treasury publishes it.
  • Do not calculate a dollar subtraction until the official 2026 inflation-adjusted maximum is published.
  • Military, Michigan National Guard, railroad, and certain public-retirement deductions reduce the shared maximum.

Source: Revenue Administrative Bulletin 2026-1 — Treatment of Retirement Income Under Public Act 4 of 2023 · Effective: tax year 2026 · Checked January 8, 2026

IRA and 401(k) distributions
Exempt when conditions are metVerified
  • Qualifying IRA and employer-plan distributions may be subtracted; early distributions do not automatically qualify.
  • The payment must be a qualifying retirement or pension distribution included in federal adjusted gross income.
  • For tax year 2026 and later, combined public and private retirement subtractions are limited by the inflation-adjusted private-retirement maximum; the exact 2026 dollar maximum remains unavailable until Treasury publishes it.
  • Do not calculate a dollar subtraction until the official 2026 inflation-adjusted maximum is published.
  • Military, Michigan National Guard, railroad, and certain public-retirement deductions reduce the shared maximum.
  • An IRA distribution before age 59.5 generally does not qualify unless the applicable Michigan/IRC exception is satisfied.

Source: Revenue Administrative Bulletin 2026-1 — Treatment of Retirement Income Under Public Act 4 of 2023 · Effective: tax year 2026 · Checked January 8, 2026

Military retirement pay
ExemptVerified
  • Qualifying U.S. Armed Forces or Michigan National Guard retirement benefits are separately deductible to the extent included in federal adjusted gross income.
  • The benefit must arise from qualifying U.S. Armed Forces or Michigan National Guard service.
  • This deduction reduces the maximum available for other retirement benefits.

Source: Revenue Administrative Bulletin 2026-1 — Treatment of Retirement Income Under Public Act 4 of 2023 · Effective: tax year 2026 · Checked January 8, 2026

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

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