Part 2: Quiet Title Actions for “Orphaned” or Heirless Properties

a cardboard red and white house sitting on architectural drawings. a piggy bank in the background. A magnifying glass in the foreground

Quiet Title Actions, pt 2

Resolving Ownership When the Title Holder is Deceased or Unknown

Some of the most challenging real estate disputes in Michigan arise when a parcel has no apparent living owner or the listed owners died long ago. These “orphaned” properties often result from incomplete probate, abandoned land, or informal transfers never recorded.

Why Titles Become Clouded

  • Probate never opened
    Heirs may have informally used the property without legal transfer.

  • Unknown or scattered heirs
    Dozens of potential claimants may exist, some unaware of their rights.

  • Abandonment
    Vacant land may be used by others, leading to adverse possession claims.

  • No recorded deeds
    Handshake deals or undocumented transfers leave no legal trail.

Legal Considerations in These Cases

  • Standing
    The plaintiff must show a legitimate interest (purchase, tax deed, inheritance, or adverse possession).

  • Naming Proper Parties
    Michigan law requires naming both known and unknown heirs, plus anyone with a possible claim.

  • Service by Publication
    Courts allow this if heirs cannot be found after diligent search.

  • Heirship & Genealogical Research
    Often necessary to trace potential claimants.

  • Adverse Possession Proof
    If claimed, evidence of 15+ years of open, continuous use is required.

Best Practices

  • Conduct exhaustive due diligence
    Research probate, title, and tax records.

  • Be transparent in filings
    Courts carefully review efforts to locate heirs.

  • Work with title companies early
    Ensures final judgments will be insurable.

Final Step

If uncontested and properly supported, the court may issue a judgment quieting title—clearing ownership so the land can be transferred, sold, or developed.

Takeaway

Even with deceased or unknown owners, Michigan law provides a path to clear title. An experienced real estate attorney can guide you through the complexities, from genealogical research to final court judgment.

Be sure to check out Part 1 of Understand Quiet Title Actions to gain an accurate picture of the process. As always, we’re here to help guide you every step of the way. 

Estate PlanningBahar Hastequiet action title