- 1). Determine how the property was titled on the deed. This information can be located on the title or last mortgage paperwork or by contacting the county recorder's office. In Michigan, properties held jointly can be in the form of Tenancy in Common, Tenancy by Entireties, or Joint Tenancy with Rights of Survivorship. Each type of jointly owned property may be handled differently to remove names from deeds.
- 2). Contact the county recorder's office to determine exactly what is needed to remove the deceased's name from the deed. Properties titled in Tenancy by Entireties, which is offered to only husband and wife, or Joint Tenancy with Rights of Survivorship automatically transfer ownership rights to the other named individual on the title. A certified copy of the death certificate and a small filing fee are required by most counties. Any other ownership titling, including Sole Ownership and Tenancy in Common, must go through probate.
- 3). Contact a trusted lawyer who specializes in probate, the process in which the deceased's possessions are distributed after death. If the deceased had a will naming the recipient of the property, a fiduciary deed is signed by the executor of the estate.
- 4). Complete an executor's or fiduciary deed to move the property into the new owner's name. These deeds are typically written by attorneys and signed by the executor of the estate and the individual obtaining ownership.
- 5). Record the deed with the county recorder where the property is located. Each county charges a small, varying fee to record the deed.
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