Step-By-Step Michigan Affidavit of Heirship Guide

If a loved one passed away and owned real estate in Michigan without a will, you may be wondering how to get that property transferred into the rightful heirs' names. The Michigan affidavit of heirship is one of the most affordable and straightforward ways to do this but only if you follow the process correctly. A small mistake on the form or a missed step at the county register of deeds can delay the transfer for months. This guide walks you through every step so you can handle the filing with confidence.

What exactly is an affidavit of heirship for real property in Michigan?

An affidavit of heirship is a sworn legal document that identifies the deceased property owner and lists the people who are legally entitled to inherit their real estate. In Michigan, this affidavit gets recorded in the county where the property is located. It doesn't transfer title by itself the way a court order might, but it puts a public record on file that establishes the chain of ownership from the deceased person to their heirs.

People use this tool when someone dies without a will (intestate) and the estate doesn't require full probate court involvement. It's especially common for family homes, vacant land, and rental properties that pass to surviving spouses, children, or other relatives. You can learn more about the basics in our guide on how to file an affidavit of heirship in Michigan without probate.

When does this process actually make sense?

Not every estate qualifies. The affidavit of heirship works best when all of the following are true:

The deceased person owned real property in Michigan.
There is no valid will directing how the property should be distributed.
All heirs agree on who should inherit the property.
No one is contesting the inheritance.
The estate has no significant debts that would require probate to resolve.

If the estate involves disputes, large debts, or complex assets beyond real property, probate court may be the better path. Our comparison of affidavit of heirship versus probate court in Michigan can help you decide which route fits your situation.

Step 1: Confirm who the legal heirs are under Michigan law

Michigan's intestate succession laws (Michigan Compiled Laws § 700.2101–§ 700.2114) determine who inherits when there's no will. The order of priority generally follows this pattern:

Surviving spouse receives the entire estate if there are no surviving children or parents, or a significant share if there are.
Children and descendants inherit alongside the surviving spouse in some cases, or the entire estate if there is no surviving spouse.
Parents inherit if there is no surviving spouse or descendants.
Siblings and their descendants inherit if there are no surviving parents, spouse, or children.
Extended family grandparents, aunts, uncles, and cousins further down the line.

Get this step wrong and the entire affidavit falls apart. If family relationships are complicated blended families, estranged children, unmarried partners consider consulting a Michigan probate attorney before moving forward. Unmarried couples face additional challenges, which we cover in our article on affidavit of heirship for unmarried couples after death.

Step 2: Gather the documents and information you'll need

Before you sit down to draft the affidavit, collect these items:

Certified death certificate of the property owner (obtain from the county clerk or Michigan Vital Records).
Legal description of the property not just the street address, but the full legal description from the existing deed. You can find this at the county register of deeds office.
Current deed showing the deceased person's ownership interest.
Names, addresses, and dates of birth of all legal heirs.
Marriage certificate (if a surviving spouse is claiming an interest).
Birth certificates or other records proving the relationship between the deceased and each heir.

Having these ready before you start saves time and prevents errors that could cause the register of deeds to reject your filing.

Step 3: Draft the affidavit of heirship

Michigan doesn't provide a single statewide form for this document, so the affidavit must be carefully written. At minimum, it should include:

The full legal name and date of death of the property owner.
A statement that the decedent died without a will.
The county and state where the decedent was living at the time of death.
The full legal description of the Michigan real property.
The names and relationships of all heirs entitled to inherit under Michigan intestate succession law.
A statement that the estate is not subject to probate proceedings (or that probate was not opened).
The affiant's (signer's) personal knowledge of the family history and relationships.

Many people hire an attorney or use a title company to prepare this document. The cost is usually modest compared to the risk of having the affidavit rejected or later challenged. For additional context on how this works for people living outside Michigan, see our guide on filing as a non-resident heir.

Step 4: Sign the affidavit before a notary public

The person swearing to the facts in the affidavit (the affiant) must sign the document in front of a notary public. The affiant is typically one of the heirs, but it can also be someone who has personal knowledge of the family a close friend, relative, or neighbor who knew the deceased person and their family structure.

The notary will verify the affiant's identity and administer an oath. Without proper notarization, the register of deeds will reject the document.

Important: Michigan law requires the affiant to have personal knowledge of the facts stated. This isn't something you fill in based on secondhand stories. The affiant should genuinely know the family history.

Step 5: Record the affidavit with the county register of deeds

Take the signed and notarized affidavit to the register of deeds office in the county where the real 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, with small additional charges for extra pages.

The register of deeds will review the document for proper formatting, legal description, and notarization. If everything checks out, they'll record it into the public land records. Once recorded, the affidavit becomes part of the chain of title for that property.

Step 6: Update the property records and title

Recording the affidavit is a major milestone, but it may not be the final step. After the affidavit is on record, you should also:

Notify the local assessor's office to update the property tax records with the new owner's name.
Contact the title company if you plan to sell or refinance the property they may require additional documentation.
Update homeowner's insurance to reflect the new ownership.
Transfer utility accounts into the heir's name.

Some title companies and buyers may still require additional steps, such as a quiet title action, especially if the affidavit alone doesn't satisfy their underwriting standards. This is more common with older properties or when family records are incomplete.

What are the most common mistakes people make?

Here's where things go wrong most often:

Missing an heir. If you leave out even one legal heir say, an estranged half-sibling the affidavit can be challenged later. Do a thorough search of family records.
Wrong legal description. Using a street address instead of the full legal description from the deed. The register of deeds needs the metes and bounds or lot-and-block description.
No personal knowledge. Having someone sign who doesn't actually know the family history. This weakens the affidavit and may not hold up if questioned.
Ignoring debts. If the deceased had significant debts, filing an affidavit of heirship doesn't make those debts disappear. Creditors may still have claims against the property.
Not notarizing. This sounds basic, but it happens. An unnotarized affidavit is worthless at the register of deeds.
Assuming it replaces probate entirely. An affidavit of heirship handles real property only. Bank accounts, vehicles, and other assets may still need separate probate steps.

How much does the whole process cost?

One of the biggest advantages of this approach is the low cost. Here's a rough breakdown:

Death certificate: $15–$34 per certified copy from Michigan Vital Records.
Notary fee: Free to $10, depending on where you go (banks often notarize for free for account holders).
Recording fee: $15–$30+ at the county register of deeds.
Attorney assistance: $200–$500 if you hire one to draft the affidavit.

Compared to probate, which can cost thousands in court fees and attorney costs, the affidavit of heirship is significantly cheaper. That's a big reason families choose this route when the estate qualifies.

How long does the process take?

If you have all your documents in order, you can complete the entire process in one to three weeks. The actual recording at the register of deeds usually happens the same day you submit the paperwork. The time-consuming part is gathering the documents, confirming all heirs, and getting the affidavit properly drafted and notarized.

Probate, by contrast, often takes six months to over a year in Michigan, depending on the complexity of the estate and the county's court schedule.

Practical checklist: Every step in order

Confirm the deceased person owned real property in Michigan with no will.
Identify all legal heirs under Michigan intestate succession law.
Gather the death certificate, deed, legal description, and heir documentation.
Draft the affidavit of heirship with all required information.
Sign the affidavit before a notary public.
File the affidavit with the county register of deeds and pay the recording fee.
Update property tax records, insurance, and utilities with the new owner information.
Keep certified copies of the recorded affidavit for your personal records and future transactions.

One last tip: Before you file, ask the register of deeds office if they have specific formatting requirements or cover sheet forms. Each Michigan county can have slightly different preferences, and getting it right the first time saves you a second trip. If the property is part of a larger estate with mixed assets or family disagreements, talk to a probate attorney before filing fixing a bad affidavit is far more expensive than getting it done correctly from the start. For a full overview of the filing process, see our main guide on filing an affidavit of heirship in Michigan without probate.