Skip to content
Independent money guidance
Clear Money Guide
Start here
Menu

Michigan Has No TOD Deed – It Has Something Older

Clear Money Guide

What this guide covers

A quick view of the questions and evidence developed below.

What the Michigan Lady Bird deed does

GuidesTransfer-on-Death Deeds

Updated July 31, 2026. Quick answer: no — Michigan has never adopted a TOD deed statute for real property. What Michigan has instead is the country’s most established Lady Bird deed practice: a common-law enhanced life estate deed, recognized in Michigan practice for decades and treated by the State Bar’s own journal as the standard tool. If an article told you to record a “Michigan transfer-on-death deed,” it was describing an instrument that does not exist here.

What the Michigan Lady Bird deed does

You deed the remainder to your beneficiary NOW while keeping a life estate plus unrestricted power to sell, mortgage, gift or revoke without the beneficiary’s consent — so nothing is complete until death, no gift occurs at recording, and the property passes outside probate with a full basis step-up (the same tax profile as a TOD deed). Its Michigan superpower is Medicaid planning: because you keep control, recording one is generally not a countable transfer — a large part of why the instrument thrives here. The full comparison: Lady Bird vs TOD deed.

What avoiding probate saves here: Michigan probate cost. Which states have which instrument: the verified 51-jurisdiction table.

Michigan uses a different instrument

Michigan has no transfer on death deed statute; the lady bird deed described above is the tool here, and it is drafted and recorded locally. The document that works in every state is the will — LawDepot builds a state-specific last will and testament.

Make a will at LawDepot

LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.

See the document option on this page