Affidavit of Surviving Joint Tenant Title-Clearance Requirements in Michigan

Short answer Michigan permits any person who knows the facts and is competent to testify to record a general real-property affidavit stating a death or another event that terminates an estate or interest; the affidavit must describe the land. A death certificate is not a required attachment to that affidavit, but before a later deed or other instrument by a surviving joint tenant or entirety tenant may be recorded, certified or otherwise recordable proof of each deceased owner's death must already be recorded or filed concurrently as a separate document. The affidavit is prima-facie evidence of its facts, and a Property Transfer Affidavit is required within 45 days only when the death-related change is a taxable transfer of ownership.
State
Michigan
Statute checked
August 2, 2026
Sources
6 statutes

At a glance

Covered survivorship titleGeneral affidavit route for a death or other event terminating any real-property estate or interest; later-conveyance death-proof rule expressly covers joint tenants and tenants by the entirety (§§ 565.451a, 565.48)
Instrument or filingPermitted general affidavit stating death or the terminating event; no mandatory survivor-only affidavit. Separate recorded death proof becomes mandatory before or with a later survivor conveyance (§§ 565.451a, 565.48)
Who may sign or fileAny person with knowledge of the facts who is competent to testify about them in open court may make and record the affidavit (§ 565.451a)
Required contentsState the death or terminating-event facts and describe the affected land; the description may incorporate a full recorded chain-of-title description by reference (§§ 565.451a, 565.451c)
Death evidenceNo death-record attachment required for the affidavit itself. Before a later survivor deed or instrument is recorded, certified death certificate or other Michigan-recordable proof for each deceased tenant must be recorded separately (§§ 565.48, 565.203)
Execution formalitiesAffidavit by a knowledgeable, court-competent affiant; knowingly false statement is perjury. General recordability rules require printed signer/notary names, jurat-or-acknowledgment name consistency, formatting, drafter information, and SSN redaction; no witness count stated (§§ 565.201, 565.451a–.451b)
Office and deadlineRecord with the register of deeds in the county where the land is situated; no post-death affidavit deadline in §§ 565.451a–.453. Conditional Property Transfer Affidavit: local assessing office within 45 days (§ 211.27a(10))
Statewide companion filingsProperty Transfer Affidavit only if the death-related change is a transfer of ownership; excluded for a surviving spouse and for a qualifying joint-tenancy termination meeting original-owner continuity conditions (§ 211.27a(7)(a), (i), (10))
Recording effectRecorded like a deed and admissible as prima-facie evidence of its facts; the statute does not make the affidavit a conveyance or conclusive title proof (§§ 565.452–.453)

Requirements one by one

Michigan uses a general affidavit, not a survivor-only form

MCL 565.451a permits an affidavit about a death named in a real-property instrument or about another condition or event that may terminate a real-property estate or interest. The signer may be any person who knows the facts and is competent to testify about them in open court. The statute does not limit the affiant to the surviving owner.

Under MCL 565.451c, the affidavit must describe the affected land. Instead of repeating the full legal description, it may incorporate that description by reference to a deed, will, mortgage, or other instrument in the regular chain of title that contains a full and adequate description.

The affidavit is optional under these sections. They authorize recording but do not command a survivor to file after death and state no post-death deadline.

Death proof has a separate later-conveyance role

MCL 565.48 does not say that every death affidavit must carry a death certificate. It addresses a later deed or other written instrument that purports to convey land by the survivor under a deed to joint tenants or tenants by the entirety. The register may not record that survivor instrument unless certified or otherwise recordable proof of death for each deceased tenant was already separately recorded and identified by liber and page, or is filed concurrently and recorded as a separate document.

The distinction matters. A knowledgeable person may record the general affidavit without attaching a death record under MCL 565.451a–565.451c. But when the survivor later conveys, the death proof in MCL 565.48 must be in the land records. MCL 565.203 separately exempts a death certificate or certified copy from the general instrument-format act.

Execution and recordability

The document is an affidavit, and MCL 565.451b makes a knowingly false statement in it perjury. MCL 565.201 adds the general recordability details: the signer's name beneath the signature, consistency with any acknowledgment or jurat, the notary's printed name when a notary signature appears, prescribed margins and type, one recordable-event statement, drafter name and business address, and redaction of the first five Social Security number digits unless law requires otherwise. The surveyed sections prescribe no unofficial-witness count.

Record the affidavit with the register of deeds in the county where the land is situated. MCL 565.452 requires the register to record it in the manner used for deeds and to charge the deed-recording fee.

The tax-office filing depends on the ownership facts

Michigan does not impose one blanket Property Transfer Affidavit rule for every joint tenant's death. Under MCL 211.27a(7)(a), a transfer from a decedent to a surviving spouse is not a transfer of ownership. Under MCL 211.27a(7)(i), a joint-tenancy termination is excluded only when its original-owner and continuous- joint-tenant conditions are satisfied.

If the death-related change is a transfer of ownership rather than an excluded transfer, MCL 211.27a(10) requires the buyer, grantee, or other transferee to file the State Tax Commission's prescribed form with the appropriate local assessing office within 45 days. That form states the parties, transfer date, actual consideration, and parcel identification number or legal description. This is an assessing-office filing, not an attachment that §§ 565.451a–565.453 require for recording the affidavit.

Recording makes the affidavit prima-facie evidence

MCL 565.453 makes the affidavit admissible in a Michigan court and before a state board or officer in a proceeding affecting the real estate, and makes it prima-facie evidence of the facts and circumstances it contains.

That evidentiary effect is not a statutory promise that the affidavit conveys the deceased owner's interest, cures defective vesting or a prior severance, resolves liens, or conclusively establishes title.

What trips people up

Section 565.48 is triggered by the survivor's later conveyance. It does not make a certified death certificate an attachment to every general affidavit. When the section applies, the death proof is recorded as its own document.

The affiant need not be the survivor. The statutory test is knowledge of the facts plus competence to testify about them in open court.

The tax result turns on ownership history. A surviving spouse is excluded, but a nonspouse joint-tenancy termination requires the original-owner continuity analysis before deciding whether the 45-day assessing-office form is mandatory.

Prima-facie evidence is not conclusive title. The affidavit supplies an evidentiary rule for its stated facts; it does not decide every title question.

Common questions

Must Michigan's surviving owner record an affidavit immediately after death? No deadline or mandatory post-death affidavit appears in MCL 565.451a–565.453.

Can someone other than the survivor sign? Yes. Any person who satisfies MCL 565.451a's knowledge-and-competence test may make the affidavit.

May the affidavit refer back to the deed for the legal description? Yes. MCL 565.451c permits incorporation by reference when a recorded chain-of-title instrument contains a full and adequate description.

Is the Property Transfer Affidavit always required after a joint tenant dies? No. It is mandatory under MCL 211.27a(10) only for a transfer of ownership. The surviving-spouse and qualifying joint-tenancy exclusions must be checked first.

Statutes and sources

Source links

Every statute quoted above, linked, with the date we checked it.

MCL 565.451a–565.451c · accessed 2026-08-02
MCL 565.452–565.453 · accessed 2026-08-02
MCL 565.48 · accessed 2026-08-02
MCL 565.201(1), (3)–(5) · accessed 2026-08-02
MCL 565.203 · accessed 2026-08-02
MCL 211.27a(7)(a), (i), (10) · accessed 2026-08-02
This page is general legal information about recording death evidence or a survivorship affidavit for ordinary real property, not legal, probate, tax, title, insurance, creditor, benefits, or transaction advice for a particular property. The correct route depends on the recorded vesting language, whether survivorship was validly created or later severed, the death record, the county and property type, other owners and liens, and any probate or court proceeding. Statewide statutes may leave form design, fees, e-recording, indexing, and assessor practice to local offices, and recording an affidavit may update or evidence the public record without itself conveying title or resolving a dispute. Verified against the cited official sources on the date shown; confirm the current deed, recorder and assessor requirements, and obtain qualified legal and title advice before relying on the filing in a sale, refinance, or dispute.

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