How to Determine Ownership When My Deceased Parent Is the Only Name on the Deed in Michigan | Michigan Probate | FastCounsel
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How to Determine Ownership When My Deceased Parent Is the Only Name on the Deed in Michigan

August 5, 2025 3 min read

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Michigan attorney for personalized guidance.

Detailed Answer

When a deed lists only your deceased parent as the owner, the property passed into their estate upon death. You must determine whether your parent left a valid will or died intestate (without a will). Michigan law governs both situations under the Estates and Protected Individuals Code (EPIC).

1. Check for a Will

If your parent left a will, the personal representative named in the will must open probate in the probate court of the county where your parent resided. The court issues Letters of Authority to the representative. The representative then signs a new deed transferring ownership to the beneficiaries as set out in the will.

2. Intestate Succession

If there is no will, the estate is intestate. Michigan’s intestate succession rules appear at MCL 700.2101 and following sections. Under MCL 700.2102, assets pass in this order:

  • To a surviving spouse (subject to certain statutory allowances).
  • If no spouse, to surviving children equally.
  • If no children, to parents or siblings.

To transfer title, you or another heir must petition the probate court for appointment as personal representative (informal probate is common for straightforward estates). The court issues Letters of Authority under MCL 700.3702. The personal representative then executes a personal representative’s deed and records it with the county Register of Deeds.

3. Small Estate Considerations

Michigan allows a small estate affidavit for personal property and certain intangibles under MCL 700.3405. Real estate generally cannot pass by affidavit and requires probate administration.

4. Verify Title Transfer

Once the deed is recorded, you can verify your new ownership at your county Register of Deeds. Ordering a certified copy of the recorded deed ensures clear title.

5. When to Consult an Attorney

Probate can involve deadlines, creditor notice requirements, and estate tax issues. If the estate is complex or disputes arise, consult a Michigan probate attorney promptly.

Helpful Hints

  • Locate your parent’s original will (if any) in safe-deposit boxes or with their attorney.
  • Contact the probate court clerk in your parent’s county for filing requirements.
  • Gather a copy of the death certificate—you’ll need several certified copies.
  • Obtain heirship affidavits from close family members if no will exists.
  • Keep detailed records of all estate-related expenses for accounting purposes.
  • Ask the Register of Deeds about any outstanding liens or easements on the property.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.