How to File a Michigan Affidavit of Heirship

If you've recently lost a loved one in Michigan and need to transfer property into the names of the rightful heirs, you've probably come across the affidavit of heirship. It's one of the most affordable ways to clear title to real estate when someone passes away without a will, but only if you file it correctly. One wrong detail a missing signature, an incorrect legal description, or a filing in the wrong county can delay the transfer for months. This article walks you through every step of the filing requirements so you can get it done right the first time.

What Is a Michigan Affidavit of Heirship?

An affidavit of heirship is a sworn legal document that identifies the surviving heirs of a deceased person (the decedent) who died owning real property in Michigan. It doesn't go through probate court. Instead, it's recorded directly with the county Register of Deeds where the property is located. Once recorded, it serves as a public record showing who inherited the property and helps clear the title so heirs can sell, refinance, or otherwise manage the real estate.

This tool works best when the decedent died without a will (intestate), there's no pending probate, and all heirs agree on how the property should be transferred. It's governed by Michigan's Estates and Protected Individuals Code (EPIC), particularly MCL 700.3901 and related statutes.

When Does Filing an Affidavit of Heirship Make Sense?

Not every estate situation qualifies. Here are the most common scenarios where Michigan families use this document:

A parent or grandparent passed away owning a home or vacant land with no will and no probate case has been opened.
The estate has minimal debt and no disputes among heirs.
All heirs are adults who agree on who should inherit the property.
You want to avoid the time and cost of probate for a straightforward real estate transfer.
A title company or buyer is requiring proof of heirship before a sale can close.

If the estate has significant debts, contested claims, or a will exists, a different process may be more appropriate. You can compare the two main options by reviewing how the affidavit of heirship compares to a small estate affidavit in Michigan.

Who Is Allowed to File the Affidavit?

Michigan law requires that the affidavit be signed by a person who has personal knowledge of the family history of the decedent. This is typically a surviving spouse, adult child, sibling, or another close relative. The person signing is called the "affiant."

The affiant does not need to be an heir themselves. They simply need to be someone who can truthfully swear to the identity of the heirs and the decedent's family structure. However, the affidavit must be signed under oath, so the affiant is legally responsible for the accuracy of the information.

What Information Must Be Included in the Affidavit?

Every Michigan affidavit of heirship must contain specific details. Missing even one of these can cause the Register of Deeds to reject the filing:

Decedent's full legal name and date of death.
Date and place of death usually the county and state.
Legal description of the property not just the street address, but the full metes and bounds or lot/subdivision description as it appears on the deed.
Property address and tax identification number (parcel ID).
Names, addresses, and relationships of all heirs to the decedent.
Whether the decedent was married at the time of death, and if so, the surviving spouse's name.
Whether the decedent had a will. If no will exists, the affidavit should state that clearly.
A statement that the estate is not in probate.
Signature of the affiant signed in front of a notary public.
Notarization the notary must complete their acknowledgment section with their seal and commission expiration.

Do You Need Witnesses?

Michigan law also requires that two disinterested witnesses sign the affidavit. These witnesses must be people who are not named as heirs and who have personal knowledge of the decedent's family history. Their role is to corroborate the affiant's statements. If you're unsure about witness eligibility, this guide on who can sign as a witness on a Michigan affidavit of heirship covers the details.

Step-by-Step: How to File the Affidavit of Heirship in Michigan

Step 1: Gather the Required Documents

Before you draft anything, collect these items:

A certified copy of the death certificate.
A copy of the current deed showing the decedent as owner (get this from the Register of Deeds if you don't have it).
Full legal description of the property.
Names, birthdates, and addresses of all legal heirs.
Information about the decedent's marital history (surviving spouse, prior marriages, divorces).

Step 2: Draft the Affidavit

The affidavit itself should follow the format required by the county where the property is located. Some counties have their own preferred forms, while others accept a general format that meets state requirements. The document should clearly state all the information listed above, written in numbered paragraphs for clarity.

If you're drafting it yourself, make sure the legal description is copied exactly from the prior deed. Even a small typo in a legal description can cloud the title. For a detailed walkthrough, see our page on the full filing requirements for a Michigan affidavit of heirship.

Step 3: Sign and Notarize

The affiant and both witnesses must sign the affidavit. The signing must happen in front of a notary public. Michigan requires that the notary verify the identity of all three signers and complete the acknowledgment section. Don't sign the document before you get to the notary pre-signed documents will be rejected.

Step 4: Record the Affidavit with the Register of Deeds

Take the completed, notarized affidavit to the Register of Deeds office in the county where the property is located. You'll need to pay a recording fee, which varies by county but typically ranges from $15 to $30 for the first page. Some counties charge additional fees for extra pages.

The Register of Deeds will review the document for completeness and then record it into the public land records. Once recorded, you'll receive the original back with a recording stamp showing the liber (book) and page number.

Step 5: Update the Property Tax Records

After recording, contact the county treasurer's office or equalization department to update the property tax records. This ensures future tax bills go to the correct heirs and prevents confusion if the property is sold later. Some counties do this automatically after the deed is recorded, but others require a separate step.

Common Mistakes That Delay or Void the Filing

These are the errors that come up most often when people file on their own:

Incomplete legal description. Copying only the street address instead of the full legal description from the deed. The Register of Deeds will reject this.
Missing heirs. Leaving out a child, stepchild, or spouse even unintentionally can invalidate the affidavit and expose you to legal liability.
No notarization or improper notarization. The notary block must be complete with the correct county, state, and commission details.
Wrong county. Filing in the county where the decedent lived instead of the county where the property is located.
Filing when probate is required. If there are significant debts, disputes, or a will, this process may not be appropriate. In those cases, filing through Michigan probate court may be necessary.
Using outdated forms. Some online templates don't meet current Michigan recording standards. Always check with the specific county Register of Deeds.

How Much Does It Cost to File?

The total cost is usually low compared to probate. Here's a rough breakdown:

Recording fee: $15–$30 (varies by county, based on page count).
Notary fee: $0–$10 per signature (many banks offer free notary services to customers).
Death certificate: $16–$34 per certified copy from the Michigan Vital Records office.
Title search (optional): $75–$200 if you want to confirm there are no existing liens.

Compare this to the cost of opening probate, which can run into thousands of dollars in attorney fees and court costs, and the savings are clear for qualifying estates.

What Happens After the Affidavit Is Recorded?

Recording the affidavit doesn't automatically transfer the property like a deed would. It creates a chain of title record showing who the legal heirs are. To actually transfer ownership into specific names, the heirs may still need to execute and record a deed (often a personal representative's deed or a quitclaim deed) from the decedent's estate to the heirs.

If the heirs plan to sell the property, the title company will review the recorded affidavit as part of the title search. Most title companies in Michigan accept a properly executed affidavit of heirship as proof of ownership, but some may require additional documentation or a quiet title action.

For a complete walkthrough of the filing process without hiring an attorney, see our guide on filing an affidavit of heirship in Michigan without a lawyer.

Does Michigan Require a Waiting Period?

Michigan does not impose a specific waiting period before you can file the affidavit. However, it's wise to wait at least 30 days after death to ensure all relevant facts are available and to allow time for any potential will to surface. Some title companies prefer to see an affidavit filed no sooner than 30–60 days after death.

What If an Heir Disagrees or Refuses to Sign?

The affidavit process depends on cooperation among all heirs. If even one heir disputes the property distribution or the identity of the heirs, the affidavit of heirship is not the right tool. In that situation, you'll likely need to open a probate case where a judge can resolve the disagreement. Trying to file an affidavit with unresolved disputes can lead to lawsuits and title problems down the road.

Practical Checklist Before You File

Confirm the decedent owned the property solely in their name (not jointly with a spouse or in a trust).
Verify there is no will or, if there is one, that it doesn't affect the property.
Check that no probate case is open or pending in any Michigan court.
Identify all legal heirs under Michigan intestate succession laws.
Get the full legal description of the property from the current deed.
Obtain a certified death certificate.
Find two disinterested witnesses with personal knowledge of the family.
Have all signatures notarized together.
File with the Register of Deeds in the correct county.
Update the property tax records with the county treasurer.

Quick tip: Before you file, call the specific county Register of Deeds office and ask if they have a preferred affidavit form or any local recording requirements. Counties like Wayne, Oakland, and Kent sometimes have slightly different formatting or cover page requirements. A five-minute phone call can save you a rejected filing and a second trip.