Transferring the title to real property in Michigan may seem complex, but with careful planning and adherence to state and local rules, the process can be managed effectively. Below is a step-by-step guide and key considerations to help you through the process of transferring property title in Michigan.
1. Understand What “Title” Means and Why It Matters
A property “title” is the legal right to own or use real estate. Transferring title means legally conveying that right from one party (the grantor) to another (the grantee). For that transfer to be effective, the conveyance must meet Michigan’s legal requirements, and the deed must be recorded in the appropriate county register of deeds.
Without a valid deed, or if errors exist, the transfer may not protect the new owner’s rights, and it could lead to title disputes or problems later on.
2. Choose the Right Type of Deed
Michigan recognizes several types of deeds, and the choice affects liability and protection. Bowen Hoogstra+2DeedClaim+2
- Quitclaim Deed: Transfers whatever interest the grantor currently has, with no warranties. Common for transfers among family members, divorce, or internal transfers. DeedClaim+3LegalZoom+3Bowen Hoogstra+3
- Covenant Deed: Provides a limited warranty that the property was not encumbered during the grantor’s ownership. Bowen Hoogstra
- Warranty Deed: Offers the strongest protection: the grantor guarantees title against all defects, past and present. Bowen Hoogstra
You’ll generally want a warranty deed when you are selling to an unrelated third party, while quitclaim deeds are more common for internal reassignments or gift transfers.
3. Prepare the Deed
To create a valid Michigan deed, you must include all required elements:
- Names and addresses of the grantor(s) and grantee(s). DeedClaim+1
- Legal description of the property (e.g., lot, block, survey, metes and bounds) or the parcel identification number (PIN). Michigan+2DeedClaim+2
- A statement of consideration (purchase price or other value). DeedClaim+1
- The signature of the grantor(s). DeedClaim+1
- Notarization (acknowledgment) of grantor signature(s). Oakland County+2DeedClaim+2
- Any required transfer tax or valuation affidavit (if the transfer is taxable). DeedClaim+2DeedClaim+2
Michigan law also imposes formatting requirements, such as:
- Deeds must be typed or printed (not handwritten) in black ink, and in a legible font of at least 10 pt. DeedClaim
- The paper must be white, with a minimum weight of 20 lb, and sized between 8½? × 11? and 8½? × 14?. DeedClaim
- If Social Security Numbers appear, the first five digits must be redacted. DeedClaim
It’s wise to have a real estate attorney or title agent review the draft deed, especially in more complex transfers.
4. Execute and Notarize the Deed
The grantor(s) must sign the deed in front of a notary public, who then provides an acknowledgment. The notary’s certificate must include:
- The county in which the acknowledgment is made
- The names of the parties are acknowledged
- The notary’s signature and commission expiration date
All signatures and notarization must comply with Michigan recording standards. Oakland County+2DeedClaim+2
5. Pay Any Required Transfer Taxes / Fees
When submitting to the county register of deeds, you may owe:
- Recording fees: Typically, a base fee for the first page, plus additional fees for each extra page. Wayne County+2Oakland County+2
- Transfer tax (state & county): In many cases, real property transfers are subject to tax, calculated based on the consideration (value). Wayne County
- Remonumentation fees or other local fees: Some counties include these in the base recording charge. Wayne County+1
In Wayne County, for example, the recording fee is $15 for the first page and $3 for each additional page, and the transfer tax is $0.55 per $500 in county tax plus $3.75 per $500 in state tax (or $8.60 per $1,000) of consideration. Wayne County
Always check with the county register of deeds for the precise fee schedule in your county.
6. Record the Deed in the County Register of Deeds
Once properly signed, notarized, and paid, the deed must be recorded in the register of deeds office in the county where the property is located. Recording establishes legal notice of the transfer and protects the new owner’s interest. Oakland County+2Washtenaw County+2
Requirements usually include:
- Original signatures
- Typed or printed names beneath signatures
- Proper margins and document formatting
- Statement of the nature (title) of the document on the first line
- Payment of recording fees and any transfer taxes at submission time DeedClaim+3Oakland County+3Wayne County+3
Some counties allow electronic recording (e-recording) for deeds. However, many do not accept deeds via electronic platforms (some counties limit e-recording to non-ownership documents). Oakland County
After recording, the register of deeds returns a stamped copy to the grantee or the “return to” address listed on the deed.
7. File the Michigan Property Transfer Affidavit (Form 2766)
Within 45 days of the transfer, the new owner must file Form 2766 (formerly L-4260), known as the “Property Transfer Affidavit,” with the local assessor’s office. Michigan+2Michigan+2
This form captures relevant information about the transfer (date, price, type of transfer, parties, etc.). Even if the transfer is exempt or no deed is recorded, the affidavit must usually be filed. Michigan
The assessor uses this to adjust the property’s taxable value. Because a transfer of ownership “uncaps” taxable value under Michigan law, the taxable value is reset to 50% of the property’s state equalized value in the calendar year following the transfer. Michigan
Failure to file the affidavit can result in penalties or complications during tax assessment.
8. Adjustments, Exemptions & Special Circumstances
Transfers between family members or exempt situations
Certain transfers are exempt from the transfer tax or may be subject to special valuation or exemptions. In 2025, Michigan revised the 2766 form to require more detailed relationship disclosures for exemptions. Thompson Legal
Transfers by affidavit after death
If a property owner dies and their estate is small (under Michigan’s threshold), it may be possible to transfer real property by affidavit (affidavit of decedent’s successor) instead of full probate. The process requires waiting 28 days after death, making an affidavit, and filing it with the county. Home | Michigan Legal Help
Transfers via land contract
If the property was held under a land contract, the original contract holder (the vendor) may need to execute a deed conveying full title after all payments are made. The deed must then follow the steps above. Michigan Property Tax+1
Title defects or clouds
Before transfer, it’s prudent to conduct a title search to identify liens, judgments, easements, or other “clouds” on the title. If defects are discovered, they must be resolved (e.g., via a quiet title action) before conveying a clean title. Wikipedia+2DeedClaim+2
9. After Recording: Practical Steps and Records
- Retain the recorded deed: Keep the stamped, recorded copy in a safe place.
- Update mortgage or financing documents, if applicable, to reflect new ownership.
- Notify relevant parties (homeowners association, utility companies, local government) of the ownership change.
- Pay any outstanding property taxes or assessments associated with the property.
- Monitor your property tax assessment to ensure the newly uncapped valuation is correctly assigned. The assessor’s uncapping must occur in the year immediately following the transfer. Michigan
10. Tips and Common Pitfalls
- Always double-check legal descriptions, names, and signatures to ensure accuracy. A small typo can delay or derail the recording.
- Use a professional (attorney or title company) for complex transfers or if you are unsure of the title history.
- Don’t wait too long to record the deed — the priority of recording matters.
- Ensure the transfer tax and recording fees are paid at the time of submission.
- Remember the 45-day deadline to file Form 2766 — missing that can cause issues.
- When in doubt, check your specific county’s register of deeds rules and fee schedules — requirements vary by county. (For example, Wayne County provides detailed guidelines on margins, document formatting, transfer tax, and submission rules. Wayne County)
Transferring property title in Michigan is a multi-step process that involves drafting, signing, notarizing, recording, and filing taxes and affidavits. By understanding the types of deeds, county-specific recording rules, and Michigan’s transfer tax and assessment rules, you can help ensure a smooth, legally compliant transfer. If you have a particular county in mind or a specific situation (such as between family members or after a death), I can help you tailor the steps further to suit your needs.
