Revocable Living Trusts in Michigan
How revocable living trusts work under Michigan law and the other ways to pass property without probate.
Short answer: Michigan's Trust Code (MCL 700.7101 and following) is based on the Uniform Trust Code. For trusts created by instruments signed on or after April 1, 2010, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. MCL 700.7602
| Revocable living trust | Michigan's Trust Code (MCL 700.7101 and following) is based on the Uniform Trust Code. For trusts created by instruments signed on or after April 1, 2010, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. A written trust may be revoked or amended by the method in the trust or, if that method is not exclusive, by another writing showing clear and convincing evidence of intent. An agent under a durable power of attorney may revoke or amend only if the trust or the power expressly authorizes it. Only property transferred to the trust avoids probate. Source: MCL 700.7602 |
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| Ways to avoid probate | Non-probate options include: a revocable living trust (MCL 700.7602); securities registered in transfer-on-death (beneficiary) form (MCL 700.6302); jointly titled vehicles with 'full rights to survivor'; transfer of vehicles by a surviving spouse or heir without probate when no other property requires letters and the vehicles' total value is within the MCL 257.236 limit; and small estate procedures (affidavit of decedent's successor and summary assignment, MCL 700.3983, 700.3982). |
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FAQ
How do living trusts work in Michigan?
Michigan's Trust Code (MCL 700.7101 and following) is based on the Uniform Trust Code. For trusts created by instruments signed on or after April 1, 2010, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. A written trust may be revoked or amended by the method in the trust or, if that method is not exclusive, by another writing showing clear and convincing evidence of intent. An agent under a durable power of attorney may revoke or amend only if the trust or the power expressly authorizes it. Only property transferred to the trust avoids probate.
How can you avoid probate in Michigan?
Non-probate options include: a revocable living trust (MCL 700.7602); securities registered in transfer-on-death (beneficiary) form (MCL 700.6302); jointly titled vehicles with 'full rights to survivor'; transfer of vehicles by a surviving spouse or heir without probate when no other property requires letters and the vehicles' total value is within the MCL 257.236 limit; and small estate procedures (affidavit of decedent's successor and summary assignment, MCL 700.3983, 700.3982).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.