Affidavits & Sworn Statements

    Michigan Affidavit of Heirship

    Someone died, there is property or an account with their name on it, and the institution wants proof of who the heirs are. This is the statement that lays out the family.

    Important: Clear Path Document Services is a non-attorney document preparation service and cannot provide legal advice. No attorney-client relationship is created. Read full disclaimer

    Quick Answer

    An affidavit of heirship is a sworn statement identifying who survived a person who died — spouse, children, and other relatives — usually made by someone who knew the family well and is not an heir themselves. Banks, title companies, insurers, and buyers sometimes accept one to establish the family tree. It is important to understand what it is not: an affidavit of heirship does not open probate, does not transfer real estate ownership by itself, and is not always accepted. Michigan also has specific probate forms and procedures for transferring property after a death, including small-estate procedures with dollar limits and forms for vehicles and personal property. Clear Path reviews the situation first and tells you plainly whether an affidavit of heirship or a probate form fits your facts, then sends a written quote — nothing is purchased online.

    Who qualifies for this service?

    This document preparation service is a fit for Michigan residents who match the criteria below. If your situation is different, contact us and we'll tell you whether we can help or whether you should speak with an attorney.

    • Families asked by a bank or title company to document who the heirs are
    • Heirs dealing with property still titled in a deceased relative's name
    • Long-time family friends or neighbors who can attest to the family history
    • Estates too small or too old for a full probate to make sense
    • Situations where a prior heirship record has a gap or an error
    • Families preparing documentation before meeting with a probate attorney

    How the process works

    Clear, predictable steps from intake to court-ready paperwork.

    1

    Tell us the facts

    Who died, when, where, marital history, all children, and who is asking for the document.

    2

    We review the route

    We check whether an heirship affidavit, a probate form, or a deed is the right instrument for your facts.

    3

    Written quote

    Flat preparation fee. Recording fees, if any, are separate. Nothing is purchased online.

    4

    Drafting

    We prepare the affidavit with the family history in clear numbered paragraphs.

    5

    Notarized signing

    The signer appears with photo ID and swears to the statement in front of our notary.

    6

    Delivery

    You receive signed originals and instructions on whether and where to record it.

    What's included

    Paperwork we organize for you

    Document preparation only. We do not represent you in court.

    Decedent's name, date and place of death, and last residence
    Marital history, including prior marriages and divorces
    Identification of all children, including from prior relationships
    Statement of how the affiant knows the family
    Statement about whether probate was opened, if known
    Notarization and multiple signed originals
    Guidance on recording with the register of deeds where the receiving party requires it
    Bring these to your intake

    Documents and information you'll need

    • Death certificate for the decedent
    • Photo ID for each person signing the affidavit
    • Names, birth dates, and addresses of the surviving family members
    • Marriage and divorce dates, if known
    • Property description or account information involved
    • The written request from the bank, title company, or buyer
    • Any will, trust, or prior probate paperwork that exists

    Common mistakes to avoid

    Small errors can cost you weeks. Here's what we see most often.

    • Assuming the affidavit transfers the house. It does not — real property transfers need the correct deed or probate route.
    • Having an heir sign it when the receiving institution wants a disinterested party.
    • Leaving out a child from a prior relationship, which can unravel the whole transaction later.
    • Not stating how the signer knows the family, which is the first thing a title examiner looks for.
    • Using an heirship affidavit when Michigan's probate forms are what the situation actually requires.
    • Never recording it when the receiving party expected it recorded with the register of deeds.

    Local Michigan considerations

    Michigan has its own procedures for transferring a deceased person's property, and which one applies depends on what the asset is and what the estate is worth. There are probate court forms for small estates, separate Secretary of State procedures for vehicles, and deeds for real property. An affidavit of heirship is a supporting statement rather than a transfer instrument, and Michigan title companies vary widely in whether and when they will rely on one. Bring us the death certificate and a list of the assets and we will tell you which route your situation actually calls for before you spend anything.

    Key Terms

    Heir
    A person entitled to inherit from someone who died, determined by will or by Michigan's intestate succession rules.
    Decedent
    The person who died.
    Disinterested witness
    Someone who knows the family but does not stand to inherit, often preferred as the signer on an heirship affidavit.
    Intestate
    Dying without a valid will, so state law determines who inherits.
    Register of deeds
    The county office where real property records are recorded.
    Common Questions

    People Also Ask

    Reviewed and updated by the Clear Path document team. Informational only — not legal advice.

    Ready to get your paperwork started?

    Start the guided intake, or call or text us — we review every matter before quoting a price, and nothing is purchased online.

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