Michigan Probate Law FAQs
Q. The personal representative of an estate transfers title of real property, without consideration, to a person as a beneficiary or distribute under the will of the decedent (testate), or under the laws of decedent and distribution (intestate). Is the transfer exempt?
A. The transfer is exempt under MCL 207.526(a) of the SRETT Act.
Q. Property from the estate of a decedent is willed to a son who waives his rights to the property. A grandson then contracts to buy the property from the estate. Is the transfer taxable?
A. Yes
Q. In a probate estate under independent probate, the sole heir will receive (without consideration) a deed from the personal representative as there is no provision for an order assigning residue. Does this transfer Qualify as exempt?
A. Yes
Q. The personal representative of the estate of a decedent sells real property to a son or daughter of the decedent. Is this transfer exempt?
A. No, unless the consideration is less than $100 (MCL 207.526(a)). This is not a transfer by the parent to a child.
Q. Taxpayer sets up a living (grantor) trust. When the grantor dies, the property passes to the beneficiaries of the trust. Is this transfer exempt?
A. Yes, under MCL 207.526(a).
Areas of Practice
