Getting A Name OFF A Deed

Getting a loved one's name off a deed after their passing can be a simple and inexpensive matter.


Do you really need to do anything immediately?

If the most recent deed to the property says that the grantees are:

  • Joint tenants with rights of survivorship

  • Tenants by the entireties

  • Husband & wife

The “good news” is that you do not need to do anything immediately because the interest of the deceased passes to the others named as grantees on the deed automatically at his or her death. You do need to take some action before you sell the property or deed it to someone else.

What do you need to do when selling the real estate?

Take a certified copy of the death certificate to the office of the Register of Deeds in the County where the property is located and ask that it be recorded.

After it is recorded, this copy will be returned to you with the “liber” and “page” where recorded stamped on it. Keep this with your deed.

When you want to sell or deed the property to someone else, you will need to have the information about the place where the death certificate is recorded included on the new deed.

You do not get a new deed but you do not need one.

What if the old deed says “Tenants in common”?

The bad news is that interest of the deceased does NOT pass to survivors automatically and you should to consult with a lawyer about probating the estate.

What if the person whose name I want off the deed is still alive?

The “Worse” news is that, if the person will not voluntarily “sign off” by signing a Quit Claim Deed, you can only accomplish this by taking them to Court and trying to prove that their name was only put on the deed by fraud, duress, coercion, or the grantor was legally incompetent. This is very difficult to do.

To locate free or low cost legal assistance:

  • Visit the Michiganlegalaid.org home page and search for local assistance by entering your zip code in the box marked “Find a lawyer, organization or related service to help you with your problem.” or

  • Look under "attorneys" in the yellow pages to find your local legal aid office, or

  • Contact the Michigan State Bar Lawyer Referral Service at (800) 968- 0738.

  • Persons age 60 or older, regardless of their income, may be able to receive free advice from the Legal Hotline for Michigan Seniors by calling (800) 347-5297.

This article appears courtesy of Legal Aid of Western Michigan.