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Transfer-on-Death Deeds · Michigan

Michigan Transfer-on-Death Deed

Can you pass a Michigan home to your heirs outside probate with a transfer-on-death deed? No — Michigan does not offer a transfer-on-death deed for real property. This page explains why, and the verified alternatives Michigan families use instead.

Written by TTA Editorial

Published July 26, 2026 · Last verified July 26, 2026 · Update policy: reviewed at least annually and on change in law; statutory tables re-verified each legislative session

At a glance

TOD / beneficiary deedNot available
InstrumentNone — not available for real property
Governing lawNo real-property TOD-deed statute; MI's only TOD statute (MCL 700.6301 et seq.) covers securities
Community-property stateNo

Why Michigan has no TOD deed

Michigan has NOT adopted a transfer-on-death (beneficiary) deed for real property and never enacted the Uniform Real Property Transfer on Death Act. Michigan's only statutory transfer-on-death mechanism is the Uniform TOD Security Registration Act within the Estates and Protected Individuals Code (MCL 700.6301 to 700.6310), which governs securities and investment accounts registered in beneficiary form — not land.

Instead, to pass a home outside probate Michigan owners commonly use a 'Lady Bird' (enhanced life estate) deed, which is recognized by Michigan title practice and case law rather than by a TOD-deed statute. A Lady Bird deed lets the owner keep full control during life — including the right to sell, mortgage, or revoke — with the property passing to a named default beneficiary at death.

Because the Lady Bird deed is a common-law/title-practice instrument, its precise form and acceptance can vary; anyone using one should work with an attorney licensed in Michigan and confirm the county register of deeds and title insurer will accept it.

What to use instead

Because Michigan offers no transfer-on-death deed, families keep a home out of probate with other tools. Common alternatives include:

  • Lady Bird (enhanced life estate) deed
  • Revocable living trust
  • Tenancy by the entirety between spouses
  • Joint tenancy with right of survivorship

Mortgages, Medicaid & community property

Existing mortgages and liens

Property passing by a Michigan Lady Bird deed reaches the beneficiary subject to existing mortgages, liens, judgments, and tax obligations. The deed does not clear secured debt — the beneficiary takes the owner's interest as encumbered at death.

Medicaid estate recovery

A frequently cited reason Michigan owners use Lady Bird deeds is Medicaid planning, because the retained enhanced life estate is treated differently from an outright gift. Estate-recovery treatment is fact-specific and subject to change; this is a flag to confirm current rules with the Michigan Department of Health and Human Services (Medicaid) and an attorney licensed in Michigan rather than assuming any deed avoids recovery.

Community property

Michigan is a common-law (separate-property) state. Michigan is a common-law (non-community-property) state. Spouses often hold real property as tenants by the entirety, which passes to the survivor outside probate; a Lady Bird deed is typically used for individually held property or to name a beneficiary after both spouses.

Michigan is one of the handful of states where the enhanced life estate ('Lady Bird') deed is genuinely recognized in title practice and case law, used precisely because Michigan lacks a statutory TOD deed for real property.

State-specific quirks

Securities TOD is not a real-estate TOD

Michigan's transfer-on-death statute (MCL 700.6301 et seq.) applies to securities and investment accounts, not land. It cannot be used to name a beneficiary on a deed to a house.

Lady Bird deed is title practice, not statute

Because Michigan has no TOD-deed statute, the Lady Bird deed depends on acceptance by the register of deeds and title insurers and on correct drafting of the reserved powers. Get it drafted by an attorney licensed in Michigan so the enhanced life estate is preserved.

Sources & methodology

Methodology & sources

We could not confirm a primary-source transfer-on-death deed statute for Michigan at the time of writing, so the availability above is flagged rather than cited — check it with the county recorder or an attorney licensed in Michigan. Where this layer does cite a statute, the citation links the controlling statute — an official legislature source where available, or a third-party codified mirror of the state code otherwise; deed-form vendors and aggregator round-ups are not cited. State property and probate law changes every legislative session; this page carries the date it was last re-verified. See our editorial standards.

This page is educational and is not legal advice. Whether a transfer-on-death deed is right for you — and whether it survives Medicaid estate recovery, a mortgage’s due-on-sale clause, or a co-owner’s survivorship right — turns on facts a general page cannot resolve. Confirm your own situation with an attorney licensed in Michigan.

Last verified July 26, 2026.