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Michigan Tenancy by the Entirety: Free Probate Avoidance for Married Couples (2026 DIY Guide)

9 min read Updated September 2026 By a Michigan Estate Planning Attorney
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If you're married and own a home in Michigan, you may already have automatic probate avoidance on that home - and not even know it. Michigan tenancy by the entirety (TBE) is a form of joint ownership available only to married couples that automatically passes the property to the surviving spouse at the first death with no probate, no filing, and no cost. Since Michigan's 2015 amendment (MCL 557.151), certain financial accounts also qualify. This guide covers exactly how it works, how to verify your deed is titled right, what it does and doesn't protect against, and what you still need on top of it. Plain-English, DIY-audience, 2026-current Michigan law.

The 30-Second Version

  1. Married Michigan couples can hold real estate and (since 2015) certain financial accounts as "tenants by the entirety."
  2. At the first death, the property passes automatically to the surviving spouse - no probate, no filing, no fee.
  3. Individual creditors of one spouse generally cannot force sale of TBE property to collect a debt.
  4. If you're already deeded this way, you don't have to do anything. If not, retitling costs a small deed recording fee.
  5. TBE only lasts through the first death - the second-to-die still needs a Lady Bird deed, trust, or will.

What Tenancy by the Entirety Actually Is

Tenancy by the entirety is one of three forms of joint ownership Michigan recognizes:

Michigan is one of a minority of states that recognizes TBE for both real estate and financial accounts. Not all states do.

Who Can Hold TBE

How to Check Your Michigan Deed

Do this DIY in 15 minutes:

Step 1: Find Your Deed

Step 2: Read the Grantee Line

Look for one of these patterns naming both spouses:

Step 3: If It's Wrong, Retitle

If your deed is currently in only one spouse's name or as tenants in common, you can retitle by signing a new quit claim deed from both current owners to yourselves as tenants by the entirety.

See our Michigan Lady Bird deed guide for the closely related lifetime deed option.

Michigan Financial Accounts Since 2015

Michigan MCL 557.151 (effective 2015) extended TBE to certain financial accounts. This was a significant expansion because it added creditor protection to bank accounts, brokerage accounts, and other holdings for married Michigan couples.

Qualifying Accounts

Requirements Under MCL 557.151

Does NOT Include

How to Set It Up

Creditor Protection Benefit

The most powerful feature of TBE is that individual creditors of one spouse generally cannot reach TBE property.

Example

Husband is sued individually for a car accident. He loses. Judgment creditor tries to force sale of the marital home. If deed is TBE - court blocks it. If deed is JTWROS - creditor can force partition. If deed is TIC - creditor can force sale.

Exceptions to TBE Creditor Protection

Real-World DIY Value

For Michigan couples with modest assets and one spouse in a higher-liability profession (medicine, driving, small business, contracting), TBE alone is $10,000+ of asset-protection value for free. This is a major reason Michigan family attorneys recommend TBE deeds by default.

What Happens at the First Death

The surviving spouse automatically owns 100% of the TBE property. No probate, no filing, no court order needed.

Practical Steps After First Death

After First Death, TBE Ends

The survivor now owns everything outright. TBE is gone. Now the survivor still needs a plan for the second death - options include:

What Happens in Divorce

Divorce converts TBE property to tenancy in common (each spouse owns 50% separately). The Michigan divorce judgment typically then distributes it.

Real Limits of Tenancy by the Entirety

TBE is powerful but not complete. Its known limits:

What You Still Need Beyond TBE

TBE is Step 1 of a Michigan married couple's estate plan. Beyond TBE, most Michigan couples need:

The CreateMIWill Complete Bundle ($349) covers every one of these gaps for a fraction of what a Michigan attorney charges.

Frequently Asked Questions

How do I know if my Michigan deed is tenancy by the entirety?

Look for grantee language naming both spouses as "husband and wife" or "as tenants by the entirety." Even without explicit TBE language, Michigan generally presumes TBE when spouses take title jointly during marriage.

Does TBE avoid probate at both deaths?

No - only the first death. After first death, the survivor owns 100% and needs their own probate-avoidance plan (Lady Bird deed, trust, or POD/TOD).

Can Michigan same-sex married couples use TBE?

Yes since Michigan legalized same-sex marriage (Obergefell 2015 and Michigan's 2015 amendments).

Can I add TBE to an existing Michigan deed without paying transfer tax?

Yes - spouse-to-spouse transfers are exempt from Michigan real estate transfer tax. You'll pay the $30 recording fee only.

Do all Michigan banks offer TBE accounts?

No. Small Michigan-based banks and credit unions are most likely to know MCL 557.151. Some large national banks default to JTWROS. Ask specifically for "tenants by the entirety" or reference MCL 557.151.

Does TBE protect against the IRS?

No. Federal tax liens can attach to TBE property because federal law overrides Michigan property law here.

What happens if my spouse and I are legally separated but not divorced?

Legal separation does not end TBE in Michigan. TBE continues until divorce is finalized or one spouse dies.

Can I use TBE to protect Michigan real estate from Medicaid recovery?

Limited protection. Michigan Medicaid Estate Recovery generally cannot pursue TBE property during the surviving spouse's lifetime, but the property may be reachable after both die if it hasn't been transferred. See our Michigan Medicaid planning guide.

Do I need to update my will after retitling to TBE?

Not strictly - but it's a good time to review your Michigan will to make sure it correctly handles the second death.

What's the difference between TBE and community property?

Michigan is NOT a community property state. TBE is Michigan's separate concept - a form of joint ownership with survivorship and creditor protection for married couples.

Beyond TBE - Complete Your Michigan Married Couple's Plan

Tenancy by the entirety handles the first death. For the second, plus everything TBE doesn't touch, the CreateMIWill Complete Bundle ($349) delivers Michigan-specific attorney-drafted templates for will, trust, financial POA, Patient Advocate Designation, HIPAA release, Lady Bird deed, and digital asset planner - one downloadable package, no subscription, no additional fees.

Complete Michigan Married Couple Estate Plan

Attorney-drafted Michigan templates covering the second-death gap that tenancy by the entirety leaves - will, revocable trust, financial POA, Patient Advocate Designation, HIPAA release, Lady Bird deed, and digital asset planner.