A Lady Bird deed is one of the cheapest ways to keep a Michigan home out of probate. The government fees are small and set by law. The real cost difference comes from who prepares the deed. Here's a line-by-line breakdown, with the Michigan statutes behind each number.
The Short Version
- Recording fee: $30 per document in most counties.
- Notary: no more than $10 per notarial act, plus any travel fee you agree to.
- Transfer tax: $0, because the deed is for less than $100 of consideration.
- Preparation: the biggest variable, from a DIY kit to an attorney's fee.
- For a typical DIY deed, government fees are usually about $40.
The Government Fees
| Cost | Amount | Source |
|---|---|---|
| Recording the deed | $30.00 per document, regardless of pages | MCL 600.2567 |
| Notarizing your signature | Up to $10.00 per notarial act | MCL 55.285(7) |
| County transfer tax | $0 (consideration under $100) | MCL 207.505(a) |
| State transfer tax | $0 (consideration under $100) | MCL 207.526(a) |
Recording fee
Under MCL 600.2567, the register of deeds charges $30.00 to record a document, "regardless of the number of pages." The statute lets a charter county set a different amount by ordinance, so check your county's fee schedule before you go. See how to record a Michigan Lady Bird deed.
Notary
Michigan caps notary fees. MCL 55.285(7) says the fee "shall not be more than $10.00 for any individual transaction or notarial act." A mobile notary may charge a separate travel fee, but only one you agree to before they travel. Some banks and credit unions offer notary service to their customers, sometimes at no charge.
Transfer tax
Michigan's real estate transfer taxes don't apply when the consideration is under $100. Both MCL 207.505(a) (county) and MCL 207.526(a) (state) exempt "a written instrument in which the value of the consideration for the property is less than $100.00." A Lady Bird deed is typically for $1 or no consideration, so the deed should state the exemption.
Property Transfer Affidavit
You also file a Property Transfer Affidavit (Form 2766) with your city or township assessor within 45 days. Filing on time avoids a penalty: under MCL 211.27b, late filing can cost $5.00 per day, up to $200.00 for a principal residence. The Michigan Bar Journal notes that recording a Lady Bird deed "is not a transfer of ownership for the purposes of uncapping," so your property taxes shouldn't jump when you record it.
Preparing the Deed: DIY vs. Attorney
This is where most of the cost difference is.
Doing it yourself
You fill in a template, copy your legal description exactly from your current deed, sign in front of a notary, and record it. This works well when you own a Michigan home alone or with your spouse, your title is clean, and you're naming adult children or your living trust. A good template saves you from the format problems that get deeds rejected, like the 2.5-inch top margin, missing grantee addresses, or no "drafted by" block.
Hiring an attorney
Attorney fees vary widely by region and by how much planning is included. Many Michigan attorneys charge a flat fee for a deed, often as part of a larger estate plan. Ask for a written quote. Paying for legal advice makes sense when:
- You're applying for, or expect to apply for, Medicaid long-term care.
- A beneficiary is a minor, has a disability and receives benefits, or has serious debt or divorce problems.
- The property is co-owned with someone other than your spouse, held in an LLC, or has a title problem or land contract.
- You have a blended family or several properties.
What the Total Looks Like
For a typical DIY Lady Bird deed on a Michigan home owned by one person:
- Template: $69 (CreateMIWill Lady Bird Deed Kit)
- Notary: $0 to $10 (more if a mobile notary charges travel)
- Recording: $30
- Transfer tax: $0
Total: about $99 to $109, plus postage if you record by mail. A married couple signing one deed pays the same recording fee; notary charges depend on how the notary counts the acts.
Compared With Probate
If your home goes through probate instead, the court charges an inventory fee based on the value of the estate under MCL 600.871. For an estate valued from $100,000 to $500,000, the fee is "$362.50 plus 1/8 of 1% of the amount over $100,000.00." For a $250,000 estate, that works out to $550 in inventory fees alone, before filing fees, publication costs, any attorney fees, and months of waiting. See Michigan probate filing fees.
A Lady Bird deed keeps the home itself out of probate. Other assets in your name alone may still need a plan; see Lady Bird deed vs. living trust.
Costs Later On
- Changing beneficiaries: sign and record a new deed. That's another recording fee and notary fee.
- After death: your beneficiaries typically record a death certificate and affidavit with the register of deeds, which carries its own recording fee, and file a new Property Transfer Affidavit. See what happens after death.
- Selling or refinancing: no extra cost from the Lady Bird deed itself; you sign as the owner. See selling or refinancing with a Lady Bird deed.
The Expensive Mistakes
The cheapest deed is the one you only record once. Common errors that cost money to fix:
- Leaving out the enhanced-life-estate language, which turns it into a plain life estate deed your beneficiaries must sign to sell.
- Shortening or retyping the legal description incorrectly.
- Missing the 45-day Property Transfer Affidavit deadline.
- Naming a minor directly, which can require court involvement later.
See common Michigan Lady Bird deed mistakes.
Frequently Asked Questions
Is there a fee to file the Property Transfer Affidavit?
You file it with your local assessor, not the register of deeds. The main cost risk is the late-filing penalty under MCL 211.27b, so file within 45 days.
Can I record by mail or electronically?
Many Michigan counties accept mail or electronic recording. Check your county register of deeds website for current options and any service fees.
Does a Lady Bird deed cost anything each year?
No. Once it's recorded, there are no ongoing fees. You keep paying your property taxes and mortgage as usual.
Will my property taxes go up?
Recording the deed shouldn't uncap your taxable value, according to the Michigan Bar Journal. What happens at your death depends on who receives the home; see inherited home property taxes.
Prepare Your Michigan Lady Bird Deed
The CreateMIWill Lady Bird Deed Kit ($69) includes a fill-in Michigan enhanced life estate deed laid out for recording, an instruction guide, and a step-by-step signing and recording guide. It's also included in the Trust Kit ($197) and the Complete Bundle ($349).
Michigan Lady Bird Deed Kit -- $69
Fill-in enhanced life estate deed template, plain-English instruction guide, and step-by-step signing and recording guide. Instant download.
Sources: MCL 600.2567; MCL 55.285; MCL 207.505; MCL 207.526; MCL 211.27b; MCL 600.871; Michigan Treasury Form 2766; Michigan Bar Journal, "Ladybird deeds: Key features and uses".