How to File an Affidavit of Heirship in Michigan

Losing a loved one is hard enough without navigating a maze of legal paperwork. If your family member passed away owning real estate or other property in Michigan and left no will, you might be wondering whether you can skip the lengthy and expensive probate process altogether. In many cases, you can by filing an affidavit of heirship. This legal tool lets you transfer property to rightful heirs without opening a probate case, saving months of time and thousands of dollars in court costs. Understanding how to file an affidavit of heirship in Michigan without probate can make a real difference for families dealing with a modest estate.

What is an affidavit of heirship and how does it work in Michigan?

An affidavit of heirship is a sworn legal document that identifies the deceased person (the decedent) and lists their rightful heirs. In Michigan, this affidavit is commonly used to transfer real property such as a house or land without going through probate court. Once properly completed and recorded, the affidavit serves as a public record establishing who inherits the property.

Michigan law allows this process under MCL 567.224 and related statutes. The key requirement is that at least one person with knowledge of the family's history must swear to the facts in the affidavit typically a spouse, child, sibling, or close family friend. This person does not need to be an heir themselves.

The affidavit becomes effective once it is recorded with the register of deeds in the county where the property is located. From that point, it acts as proof of ownership for the heirs named in it.

If you want a broader comparison between this route and court-supervised options, our article on affidavit of heirship versus probate court in Michigan breaks down the differences in detail.

When can you use an affidavit of heirship to avoid probate in Michigan?

Not every situation qualifies. An affidavit of heirship works best when:

The decedent did not leave a valid will (died intestate) or did leave a will but the estate qualifies for simplified handling.
The estate consists mainly of real property (houses, land, condos) and possibly small personal assets.
There are no disputes among heirs about who should inherit.
There are no outstanding debts or creditor claims that require court oversight.
The total value of the estate falls within limits that make probate unnecessary or impractical.

Michigan offers a simplified probate process for small estates, but many families find that the affidavit route is even faster. For a closer look at the step-by-step mechanics, see our guide on the step-by-step process for real property in Michigan.

Who can file the affidavit, and does it have to be an heir?

No. The person who signs the affidavit called the affiant does not have to be an heir. They simply need to:

Have personal knowledge of the decedent's family history, marital status, and children.
Be at least 18 years old.
Be willing to swear under oath that the information is true.

In practice, a surviving spouse, adult child, sibling, or even a longtime family friend can serve as the affiant. Some families use two affiants to strengthen the document's credibility, though Michigan law does not strictly require it.

If you are a non-resident heir living outside Michigan, the process is still available to you. We cover that scenario in our article on filing as a non-resident heir.

What information goes into the affidavit?

A Michigan affidavit of heirship must include specific details. Here is what you will need to gather before drafting it:

Decedent's full legal name, date of death, and last known address.
Property description the legal description from the deed, not just the street address.
Marital history whether the decedent was married, divorced, or widowed, including names of spouses.
Children names and birth dates of all children, including any who predeceased the decedent.
Heirs at law a complete list of who inherits under Michigan's intestate succession laws.
Affiant's relationship to the decedent and a statement of how they know the family facts.
A statement that the decedent died without a will, or if a will exists, its basic terms.

The affidavit must be notarized before it can be recorded. Most banks, UPS stores, and county offices in Michigan offer notary services for a small fee.

How do you actually file the affidavit step by step?

Here is the practical process for filing an affidavit of heirship in Michigan without probate:

Step 1: Draft the affidavit

You can use a template from an attorney, a legal aid organization, or a reputable document service. Make sure the language complies with Michigan recording standards. Some counties have their own preferred formats, so check with the register of deeds in the county where the property sits.

Step 2: Gather supporting documents

You will likely need:

A certified copy of the death certificate.
A copy of the deed to the property (to get the legal description).
Any existing will, even if you believe it does not apply.
Marriage certificates, divorce decrees, or birth certificates to verify heirship.

Step 3: Sign and notarize

The affiant must sign the affidavit in front of a notary public. Both parties should bring valid photo identification. If you are using two affiants, both must sign and be notarized.

Step 4: Record the affidavit

Bring the original notarized affidavit and the death certificate to the register of deeds office in the county where the property is located. You will pay a recording fee typically between $15 and $30 depending on the county. The office will record the document and return a stamped copy to you.

Step 5: Update ownership records

Once recorded, contact the county assessor's office to update the property tax records. You should also notify the mortgage company, homeowner's insurance provider, and any relevant utility companies of the ownership change.

What does it cost to file an affidavit of heirship in Michigan?

Compared to probate, the costs are minimal:

Notary fee: $5–$15 per signature (often free at your bank).
Recording fee: $15–$30 at the register of deeds, depending on the county and number of pages.
Death certificate copies: $15–$34 per certified copy from the Michigan Vital Records office.
Attorney fees (if you hire one): $200–$500 for a simple affidavit; more if the estate is complex.

By contrast, even a simple uncontested probate in Michigan can cost $1,500 to $3,000 or more in attorney fees and court costs, and take several months to complete.

What are the most common mistakes people make with this process?

Even though filing an affidavit of heirship is simpler than probate, errors can cause real problems:

Incomplete family information Leaving out a child, even one who is estranged or from a prior marriage, can invalidate the affidavit. Be thorough.
Wrong property description Using the street address instead of the full legal description from the deed. The register of deeds may reject the filing.
Forgetting the death certificate Most counties require a certified copy to be attached or filed alongside the affidavit.
Assuming it covers all assets The affidavit transfers real property. It does not automatically transfer bank accounts, vehicles, or retirement accounts. Those assets may require separate processes.
Not updating title and tax records Recording the affidavit is step one. Failing to update the assessor and other agencies creates confusion down the road, especially when selling the property.
Using it when probate is actually required If the estate has significant debts, contested claims, or a complex will, probate may be the only proper route.

Can unmarried partners use this process?

Yes, but with important limitations. Under Michigan's intestate succession laws, an unmarried partner is not automatically considered an heir regardless of how long the couple lived together. The affidavit can still be used, but only to transfer property to the heirs recognized by law, such as children, parents, or siblings.

If the decedent wanted their partner to inherit, that intent would need to be documented in a will, trust, or joint ownership arrangement. Our article on affidavits of heirship for unmarried couples explores this issue in more depth.

What happens after the affidavit is recorded?

Once the register of deeds accepts and records the affidavit:

The heirs listed become the legal owners of the property on public record.
Heirs can sell, refinance, or transfer the property though title companies may require additional documentation.
Property tax responsibility shifts to the named heirs.
If the property has a mortgage, the lender must be notified and may require the heirs to assume or refinance the loan.

Keep in mind that some title companies may still require an affidavit of identity of heirship or additional proof before issuing title insurance on a future sale. Having the death certificate, the recorded affidavit, and supporting family documents organized and ready will speed up any future transaction.

A practical checklist before you file

Confirm the decedent's estate qualifies no major debts, no will disputes, and primarily real property.
Identify all heirs under Michigan intestate succession law. Double-check for children from all relationships.
Obtain at least one certified copy of the death certificate.
Get the legal property description from the existing deed.
Choose a knowledgeable affiant (or two) who can swear to the family facts.
Draft the affidavit using a legally sound template or attorney assistance.
Sign and notarize the affidavit.
File it with the register of deeds in the correct county and pay the recording fee.
Update the county assessor, mortgage company, insurance, and utilities with the new ownership.
Store the recorded affidavit and all supporting documents in a safe, accessible place.

Filing an affidavit of heirship in Michigan without probate is one of the most practical ways to transfer property after a death but it works best when the estate is straightforward, the heirs agree, and the paperwork is done carefully. If your situation involves complications like out-of-state property, blended families, or creditor issues, talking to a Michigan estate planning attorney before filing can save you from costly corrections later.