Michigan Affidavit of Heirship

Introduction

Key Things to Know

1. 1

   The evidentiary effect is immediate. Under MCL 565.453, this affidavit becomes prima facie evidence of the facts it states as soon as it is recorded. Michigan sets no waiting period, unlike Texas (five years of record), Missouri (five), or Colorado (twenty). Record it today and it is evidence today, but it remains rebuttable, not conclusive.

2. 2

   A legal description of the land is mandatory, and this is the most common way a Michigan filing fails. MCL 565.451c requires the affidavit to include a description of the land whose title may be affected. A family tree paired with only a street address does not satisfy the statute. If a deed, will, or mortgage already of record carries a full description, the affidavit may incorporate it by reference to that instrument instead of restating it.

3. 3

   Michigan requires only one affiant with personal knowledge. MCL 565.451a asks for any person having knowledge of the facts and competent to testify to them in open court; it does not require two affiants or disinterested affiants. The real constraint is criminal: MCL 565.451b makes knowingly stating a false fact in the affidavit perjury, with no materiality qualifier.

4. 4

   Recording is the register of deeds' duty, not a discretion. MCL 565.452(1) requires the register to receive and record the affidavit like a deed, and MCL 565.201(5) forbids rejecting it for its content. But MCL 565.452(2) requires the first five digits of any Social Security number on the affidavit to be obscured or removed before the register may accept it, a real rejection trap for heirship affidavits that list heirs' SSNs.

5. 5

   This affidavit does not transfer, convey, or vest title to real property. Under MCL 700.3101, an intestate decedent's property already devolves to the heirs at the instant of death. The affidavit only makes the recorded chain of title reflect who those heirs are; it never moves ownership itself.

6. 6

   This affidavit covers real property only. It has no application to personal property such as bank accounts. A separate sworn statement under MCL 700.3983, using SCAO form PC 598, covers personal property, and by its own terms is available only where the estate includes no real property.

7. 7

   Recording this affidavit does not satisfy the separate Property Transfer Affidavit requirement. Under MCL 211.27a(10), an heir who takes real property by intestate succession must file Michigan Department of Treasury form 2766 with the local assessor within 45 days of the transfer, or risk an uncapped taxable value under MCL 211.27a(6)(f).

Michigan Requirements for Affidavit of Heirship

• Michigan Mandatory Legal Description

  MCL 565.451c requires this affidavit to include a description of the land whose title may be affected. A family tree with only a street address does not satisfy the statute; an instrument already of record may be incorporated by reference instead.

• Michigan Immediate Prima Facie Effect, No Waiting Period

  Under MCL 565.453, this affidavit is prima facie evidence of the facts it states as soon as it is recorded, with no waiting period, unlike states such as Texas or Colorado that require years of record first.

• Michigan Single-Affiant Rule, No Disinterested Requirement

  MCL 565.451a requires only one person with knowledge of the facts who is competent to testify to them in open court. There is no two-affiant or disinterested-affiant requirement; a knowing false statement is perjury under MCL 565.451b.

• Michigan Mandatory Recording and SSN Redaction

  MCL 565.452(1) makes recording the register of deeds' duty. MCL 565.452(2) requires the first five digits of any Social Security number on the affidavit to be obscured or removed before the register may accept it.

• Michigan Affidavit Does Not Transfer Title

  Under MCL 700.3101, an intestate decedent's property devolves to the heirs at the instant of death. This affidavit only makes the record reflect who those heirs are; it does not transfer, convey, or vest title.

• Michigan Property Transfer Affidavit Separate Filing

  Under MCL 211.27a(10), an heir who takes real property by descent must separately file a Property Transfer Affidavit, Treasury form 2766, with the local assessor within 45 days of the transfer, or risk an uncapped taxable value.