Revocable Trust for Michigan Residents

Michigan revocable living trust: avoid probate, name beneficiaries, set distribution rules, appoint a successor trustee. State-specific execution.

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Assets titled in the trust at death pass under the trust's terms without Michigan probate; only assets still in the settlor's own name go through the court. Full probate in Michigan typically takes 7 months to 12 months. In Michigan, estates with personal property of $53,000 or less skip probate with the Affidavit of Decedent's Successor, 28 days after death.

Michigan requires no witnesses and no notary for a revocable trust to be valid; the settlor's signature creates it. Michigan allows remote online notarization (RON) for trusts, so a notarization can be done by video call; whether an electronically signed trust instrument is valid in Michigan is not settled by statute, so the trust is printed and signed on paper.

Michigan accepts a certificate of trust in place of the full trust instrument. The certificate confirms the trust exists, identifies the trustee and states the trustee's powers without disclosing the beneficiaries or the distribution terms. A third party who relies on the certificate in good faith is protected by statute.

The successor trustee takes over, the trust becomes irrevocable, and the trustee distributes under the trust's terms without court involvement. The successor trustee must publish notice to Michigan creditors, after which a claim is barred in 4 months. Michigan requires the trustee to notify the beneficiaries that the trust has become irrevocable. The trust needs its own EIN from the IRS once the settlor dies; the trust EIN application prepares Form SS-4.

Michigan real estate goes into the trust by recording a Warranty Deed, Quit Claim Deed, or Lady Bird Deed from the settlor to the trustee in the county where the property sits. The transfer is exempt from transfer tax, does not trigger a property tax reassessment, and keeps the homestead exemption. Bank and investment accounts are retitled to the trustee; retirement accounts and life insurance stay in the owner's name and name a beneficiary, which can be the trust.

Avoiding Probate in Michigan

A revocable trust avoids Michigan probate, which typically takes 7 months to 12 months. Without a trust, assets in your name go through public court proceedings. A will alone does not avoid probate — the question is whether a trust adds enough value to justify the cost.

Michigan allows simplified probate for estates under $53,000. Estates below this threshold can often avoid full probate with a will alone. A trust becomes more valuable as estate size grows, when privacy matters, or when you own property in multiple states.

Trust administration in Michigan happens privately: the successor trustee distributes assets per the trust terms without court supervision. The successor trustee must publish notice to Michigan creditors, after which a claim is barred in 4 months. A certificate of trust — accepted by Michigan banks, title companies, and recorders — establishes the trustee's authority without revealing the full document. To fund the trust with real property, a Warranty Deed, Quit Claim Deed, or Lady Bird Deed is recorded with the county.

Some families pair a trust with a pour-over will — one way to direct unfunded assets into the trust at death. Other options include beneficiary designations and TOD deeds.

SimplyTrust Editorial·Updated October 17, 2026

Legal Sources

Data sourced from Michigan statutes and official state code. How we research.

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Avoiding Probate in Michigan

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