Michigan Affidavit of Heirship
Michigan's affidavit becomes prima facie evidence of heirship the moment it is recorded, with no waiting period at all, but only if it carries a legal description of the land under MCL 565.451c, the most common way a Michigan filing fails.
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What brings you to an affidavit of heirship?
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Introduction
An affidavit of heirship is a sworn statement identifying a deceased person's heirs. Michigan recognises it by name: MCL 565.451a(a), part of a 1915 recording-affidavit act sitting in the Conveyances of Real Property chapter, lists heirship among the facts a recordable affidavit may state. Recorded with the register of deeds of the county where the real property sits, the affidavit becomes prima facie evidence of the facts it states the moment it is recorded, under MCL 565.453, with no waiting period at all, the opposite of states such as Texas that require years of record first. It does not transfer, convey, or vest title to real property; under MCL 700.3101, an intestate decedent's property already passes to the heirs at the instant of death, so the affidavit only makes the record say who those heirs are. Michigan has no dedicated heirship chapter: the affidavit sits in a general 1915 act whose other items cover surveyors' monuments, adverse possession, and lost mortgages, and MCL 565.451c makes a legal description of the land mandatory, a requirement most generic templates omit.
Key Things to Know
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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.
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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.
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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.
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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.
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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.
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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.
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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).
Key decisions before you file
Before you file a Affidavit of Heirship in Michigan, a few decisions shape the document: which option to choose and what each one means. The Affidavit of Heirship guide walks through them.
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Michigan Requirements for Affidavit of Heirship
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.
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.
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.
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.
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.
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.
Does your Affidavit of Heirship need to be notarized in Michigan?
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Check my Affidavit of HeirshipFrequently Asked Questions
No. This affidavit does not transfer, convey, or vest title to real property in Michigan. 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 already are.
Immediately. Under MCL 565.453, this affidavit becomes prima facie evidence of the facts it states as soon as it is recorded, with no waiting period. That is the opposite of Texas, which requires five years of record, and Colorado, which requires twenty.
One person is enough. MCL 565.451a asks only for a person having knowledge of the facts and competent to testify to them in open court. Michigan imposes no two-affiant rule and no disinterestedness requirement; the real constraint is that knowingly stating a false fact is perjury under MCL 565.451b.
File it with the register of deeds of the Michigan county where the real property is situated. MCL 565.452(1) makes recording the register's duty, not a discretion, though 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.
No. A small estate affidavit collects assets under a value cap. Michigan's version, the sworn statement under MCL 700.3983 and SCAO form PC 598, is available only where the estate includes no real property. An affidavit of heirship under MCL 565.451a evidences who the heirs are, addresses real property only, and does not move title.
It is not a valid filing under MCL 565.451c, which requires the affidavit to include a description of the land whose title may be affected. Reciting a family tree with only a street address is not enough. If an instrument already of record carries a full description, the affidavit may incorporate it by reference instead.
When a buyer, lender, or title insurer needs to rely on the result. Under MCL 700.3106, a standalone Petition to Determine Heirs, using SCAO forms PC 553 and PC 554, produces a court order binding on everyone given notice, which MCL 565.411 lets you record against the land. The recorded affidavit, by contrast, is only rebuttable evidence.
Yes. Recording the affidavit of heirship with the register of deeds does not satisfy the separate requirement, under MCL 211.27a(10), to file a Property Transfer Affidavit, Michigan Department of Treasury form 2766, with the local assessor within 45 days of a transfer by descent.