Can a Quitclaim Deed Be Filed After Death in Michigan?
- The situation is not uncommon when a property owner signs a quitclaim deed, gives the deed to the new owner, and the new owner fails to record the deed before the grantor dies. This situation does not present a problem under Michigan state law because state law allows the grantee to record the deed even if the grantor has died. So if, for instance, your father signed a deed conveying property to you, and then your father died before you recorded the deed, you still have the right to record that signed quitclaim deed.
- Sometimes a new deed is unnecessary after an owner dies. For example, if two individuals own property jointly, as joint tenants and not as tenants in common, then a deed is unnecessary after one of the joint owner's dies. Full title to the property automatically transfers to the surviving joint tenant.
- If a property owner dies before signing a deed to an heir, Michigan state law requires the property to pass through probate. Probate is a legal process that occurs in a Michigan state court. A personal representative, or executor, of the deceased property owner will handle probate. The personal representative has legal authority to sign a quitclaim deed to the appropriate heir of the property. The personal representative can also record the quitclaim deed as part of the probate process.
- Sometimes special circumstances arise that are not fully defined or anticipated under statutory Michigan state law. In those rare instances, any interested party may petition a Michigan state judge to review the situation and issue an order authorizing the recording of a quitclaim deed in favor of the appropriate person. Michigan state judges have equitable powers that authorize the judges to fashion appropriate legal remedies to fit unique circumstances. The judge can, for example, authorize the recording of a quitclaim deed even if the deceased person's will did not mention a deed, and even if the deceased person did not sign a deed before he passed away.