Do I Need a Trust in Michigan?
Probate in Michigan takes 5 months to 7 months for a simple estate and charges attorney fees of typically 1.7%MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.7%MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
It depends on your estate size. In Michigan, estates with personal property of $53,000MCL 700.3983Verified Sep 8, 2026View source or less skip probate with the Affidavit of Decedent's SuccessorMCL 700.3983Verified Sep 8, 2026View source, 28 daysMCL 700.3983Verified Sep 8, 2026View source after death. Above that line, probate takes 5 months to 7 months and costs about $25,430MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate. A funded revocable trust avoids probate entirely.
Probate in Michigan charges attorney fees of typically 1.7%MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.7%MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate, plus executor fees and court costs: about $25,430MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate all in. A trust avoids probate costs entirely. See a detailed breakdown with the Michigan probate calculator.
Michigan allows estates with personal property of $53,000MCL 700.3983Verified Sep 8, 2026View source or less to use the Affidavit of Decedent's SuccessorMCL 700.3983Verified Sep 8, 2026View source, which avoids full probate administration. The Affidavit of Decedent's Successor is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 28 daysMCL 700.3983Verified Sep 8, 2026View source after death. This route is faster and less expensive than full probate, but a trust avoids it entirely.
Simple estates in Michigan typically take 5 months to 7 months through probate; average estates 7 months to 12 months, and estates with disputes or multiple properties longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
A properly funded revocable trust in Michigan avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 5 months to 7 months probate timeline. Assets in the trust transfer directly to beneficiaries. Compare the trade-offs with the Michigan trust vs. will comparison.
Is this your situation?
Get a complete guide for your specific circumstances.
New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
Learn more
Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn more
Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn moreForms for Planning Your Estate in Michigan
Free forms for planning your estate in Michigan: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Pour-Over Will
In Michigan, a pour-over will is signed before 2MCL 700.2502Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Last Will and Testament
In Michigan, a will is signed before 2MCL 700.2502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyMCL 700.2502Verified Oct 18, 2026View source.
Healthcare Power of Attorney
Michigan requires 2MCL § 700.5506Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredMCL § 700.5506Verified Oct 15, 2026View source.
Financial Power of Attorney
Michigan treats a power of attorney as durable by defaultMCL § 556.201-556.505 (Act 187 of 2023, eff. 7/1/2024; repealed former MCL 700.5501-5505 EPIC durable POA provisions)Verified Sep 18, 2026View source, and it is signed before 2MCL § 556.201-556.505 (Act 187 of 2023, eff. 7/1/2024; repealed former MCL 700.5501-5505 EPIC durable POA provisions)Verified Sep 18, 2026View source witnesses or a notary.
Tools for Planning Your Estate in Michigan
Free tools for planning your estate in Michigan: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Michigan runs $3,460Estimate: 10 hours at $346, Clio's Michigan Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,190Estimate: 15 hours at $346, Clio's Michigan Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
Trust or Will: Which Costs Less?
In Michigan, a will-based plan pays probate attorney fees of typically 1.7%MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.7%MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Michigan runs $3,460Estimate: 10 hours at $346, Clio's Michigan Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,190Estimate: 15 hours at $346, Clio's Michigan Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $915Estimate: 3 hours at $305, Clio's Michigan Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,830Estimate: 6 hours at $305, Clio's Michigan Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Michigan, four years at a public university cost about $105,408NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax on a death today. Michigan's estate tax (MCL 205.232) is not repealed — it is a "pick-up" tax equal to the maximum allowable federal credit for state death taxes, and that federal credit was eliminated for deaths after December 31, 2004 (replaced by the 26 U.S.C. § 2058 deduction; the old IRC § 2011 credit was struck from the Code in 2014), so the Michigan tax computes to $0. Michigan's inheritance tax applies only to decedents who died on or before September 30, 1993 (MCL 205.223; Michigan Treasury Inheritance Tax FAQ). Michigan levies no gift tax.Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Michigan automatically revokes an ex-spouse as beneficiary at divorceMCL 700.2807Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
When you're ready, we're here.
Michigan Estate Planning Resources
In-depth guides covering Michigan probate laws, trust requirements, and estate planning strategies.