Does Michigan allow a transfer on death deed?

Michigan at a glance

TOD deed for real estate

No

How a house passes in Michigan without a TOD deed

• Small-estate affidavit cap. $53,000
• Real estate. The affidavit can't be used if the estate includes real property. Small estates with land can use the probate court's petition for assignment (MCL 700.3982) instead. When valuing the estate for assignment, a mortgage on the real property is subtracted, up to $264,000 for 2026 deaths.
• Petition for assignment of a small estate (MCL 700.3982). The probate court may order the property turned over to the surviving spouse, or if none, the heirs, once funeral and burial costs are shown paid (or paid from the property first) and the rest is $53,000 or less for a 2026 death. Real property can be included. Heirs other than the spouse or minor children are liable for unpaid debts up to what they receive for 63 days after the order.

All Michigan small-estate rules, with sources →

What people in Michigan use instead

Michigan has no statutory transfer-on-death deed. State agencies recognize the 'lady bird' deed (also called an enhanced life estate deed): the owner keeps a life estate with full power to sell or change the gift, and the property passes at death without probate. Treasury's Principal Residence Exemption guidelines describe it, citing Michigan Land Title Standard 9.3. MDHHS's Medicaid policy glossary says that, because the owner keeps an unrestricted interest, a lady bird deed is not considered a divestment when an applicant is in a divestment penalty situation.

Good to know in Michigan

• No Michigan statute authorizing a transfer-on-death deed was found in the Michigan Compiled Laws (complete through PA 114 of 2026), and no such bill was found as enacted.
• MDHHS's glossary loosely calls the lady bird deed a 'Transfer on Death Deed', but it is a life estate deed recognized by Michigan Land Title Standard 9.3, not a statutory TOD deed.

Official pages

• No TOD deed or other plan? How Michigan handles a small estate without probate →

Sources

• MDHHS Bridges Policy Glossary (BPG), 'Lady Bird Deed' (BPB 2026-014, 5-1-2026) (read October 28, 2026)
• Michigan Department of Treasury - Principal Residence Exemption Guidelines (lady bird deed; Land Title Standard 9.3) (read October 28, 2026)

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.