How to Transfer Property Using Assignment of Property

Use the Do-It-Yourself Settling a Small Estate tool to prepare your forms.

Completing the form on Michigan Legal Help or LawHelp Interactive does not file anything with the court.

If you signed electronically with the Do-It-Yourself tool, your form is already signed. The electronic signature will look like this, and you do not need to add another hand-written signature:

/s/ Your Name

If your form is not electronically signed, print and sign the following forms:

• Petition and Order for Assignment (PC 556): sign and date the bottom of the second page on the line that says “Petitioner signature.”
• Testimony to Identify Heirs (PC 565): sign and date on the “signature” line on the second page.
• If you are using the small estates process to transfer a vehicle, Certification from the Heir to a Vehicle (Secretary of State form Tr-29). The person who will inherit the vehicle (the new owner) will sign in the middle of the page where it says “Signature of Heir.” The surviving spouse or next closest relative will sign at the bottom of the page where it says “Signature of Surviving Spouse or Next Closest Kin.”

After you sign your forms, make a copy of each for your records.

Filing your forms will cost $25 plus an inventory fee. The inventory fee is based on the estate’s value. You can calculate the inventory fee using the Inventory Fee Calculator from the State Court Administrative Office. If you can’t afford these fees, you can ask for a fee waiver from the court. Use the Do-It-Yourself Fee Waiver tool to fill out the form. To learn more, read Fee Waivers in Court Cases.

File the following documents with the probate court in the county where the person lived or owned property:

• Petition and Order for Assignment (PC 556)
• Protected Personal Identifying Information form (MC 97)
• Fee Waiver Request (if you are asking for this) (MC 20)
• Testimony to Identify Heirs (if the probate court where you’re filing requires it) (PC 565)
• A copy of the death certificate
• Proof that the funeral and burial expenses have been paid or a bill showing the amount owed

Some courts use an electronic filing (e-filing) system called MiFILE. If your court uses MiFILE for your case type, log in to your MiFILE account and file there.

If your court does not use e-filing for your case type, most people file by bringing paper forms to the court. Contact your court to find out how to file another way, like by mail.

If you don’t know if your court has e-filing, click the button below. For a screen reader-friendly version or to view the tool in a separate tab, click this link to check if you can e-file.

After filing, wait for the judge to sign your Order Assigning Assets. This might happen the same day or take longer. Get a certified copy. You'll need it for the next steps. The fee for the certified copy varies but it is usually $15-$20.

This includes things like bank accounts, furniture, clothing, and jewelry. To collect these items, show your certified copy of the Order for Assignment. This proves you have permission to get the dead person's things. Sometimes you might also need to show the death certificate - banks usually ask for both documents before they'll give you money from accounts, and landlords need to see the Order before letting you into a rental home to get belongings.

If the person had a job when they died, their employer might still owe them wages or benefits. For money sent by direct deposit, you can get it through their bank account once you have permission. For any other unpaid wages or benefits, take your certified copy of the Order to their employer to collect the money.

Cars have their own process through the Secretary of State (see Step 8).

If the person owned a house or land in Michigan, you need to update the official records. Take a certified copy of the Order for Assignment to the register of deeds office in the county where the property is located. This office keeps track of who owns property. You'll need to pay a fee to record (file) the Order there - call the office to find out how much it costs.

There are also some tax forms to handle within 90 days of the death:

• If you're going to live in the property: Fill out a Principal Residence Exemption (PRE) form to get a lower tax rate
• If the person who died lived there but you won't: Fill out a form to remove their tax exemption (called a Request to Rescind)
• If you plan to sell the property soon: You don't need to file these tax forms for three years

File these tax forms with your local city or township office.

The person inheriting the vehicle must sign the Certification for the Heir to a Vehicle (Secretary of State form TR-40a). Take it to the Secretary of State’s office with a copy of the death certificate. If you have a copy of the vehicle title, take that, too.

If there is no surviving spouse, more than one family member may each have an equal right to the car. If multiple people are sharing the inherited car, there may be more than one TR-40a form. If only one person will inherit, those who will not get the title in their names must sign the Certification of No Interest form (Secretary of State form TR-40b) to show that they are giving up their right to the car. 

If the car is transferred to someone who is not the next of kin, they must sign the Certification of Ownership Transfer (Secretary of State form TR-40c). They also must file a TR-40a form signed by the next of kin who would have inherited the car. If the person inheriting the car is not a family member, they will have to pay tax. The tax is paid at the SOS office when the title is transferred.

The Do-It-Yourself Settling a Small Estate tool will prepare the forms you need based on the information you provided in the tool. You can find blank copies of each form on the Michigan Department of State website.