Hiring a Wills, Trusts or Probate Lawyer in Michigan
What Michigan requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Michigan: fee rules
| Rules on contingency fees | A contingent fee is allowed except where Rule 1.5(d) or other law prohibits it. The agreement must be in writing and state how the fee will be determined; at the end, the lawyer must give a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Michigan Court Rule 8.121 adds requirements for some contingent fee agreements. Lawyers may not charge a criminal defendant a contingent fee, or charge a domestic relations fee contingent on securing a divorce or on the amount of alimony, support or property settlement, or based on the lawyer's success, results obtained, value added or any factor that leaves the client unable to discern how the fee is determined. |
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| If a lawyer takes your money | The State Bar of Michigan Client Protection Fund reimburses clients harmed by a lawyer's dishonest conduct, such as theft or embezzlement of estate, trust or settlement funds, or failing to return unearned fees; it does not cover malpractice, negligence, fee disputes or consequential damages. Limits: $150,000 per claimant and $375,000 for all claims against one attorney (prorated if exceeded). File within two years after the loss or six months after discovery, whichever is later (or within one year after a discipline determination or the lawyer's death). A Request for Investigation with the Attorney Grievance Commission is part of the application. There is no filing fee; a lawyer who helps may charge no more than $250 unless the State Bar authorizes more. Contact: cpf@michbar.org, (517) 346-6354. Fund home: https://www.michbar.org/client/protectionfund |
Michigan rules to know first
| Requirements for a valid will | Anyone 18 or older with sufficient mental capacity may make a will. Capacity means understanding that the will passes property at death, knowing the nature and approximate value of one's property, knowing the people who would naturally inherit, and understanding the general effect of signing. The will must be in writing, signed by the testator (or by another person in the testator's name, in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each within a reasonable time after seeing the signing or the testator's acknowledgment. A will signed by an interested witness is still valid. Source: MCL 700.2501, 700.2502, 700.2505 |
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| Small estate affidavit | If the estate contains no real property and its value, minus liens and encumbrances, does not exceed $50,000 (adjusted each year for inflation), a successor may collect the decedent's money, tangible personal property, debts owed, and securities by giving the holder a sworn statement and a copy of the death certificate. At least 28 days must have passed since death, and no personal representative may have been appointed or applied for in any jurisdiction. The court's form is PC 598. The $50,000 base was set by 2024 PA 1 (effective Feb. 21, 2024) and is multiplied by the Treasury cost-of-living factor for the year of death, rounded to the nearest $1,000. Use the figure for the year the person died. Source: MCL 700.3983; MCL 700.1210 |
| How probate works | A person with priority applies to the county probate court for appointment as personal representative, in informal or formal proceedings. After appointment, the personal representative publishes a notice to creditors and mails notice to known creditors; prepares an inventory with date-of-death values within 91 days and sends it to the presumptive heirs or beneficiaries (filing the original with the court is optional, but the court must be given the information for the inventory fee); pays allowed claims and expenses; and then distributes the estate and closes it. |
Find and check a lawyer
| Lawyer referral service | The State Bar of Michigan Lawyer Referral Service matches people who can afford to hire a lawyer with a participating panel lawyer; a referral assistant matches you by type of matter and area. Per the program rules (May 2023), the service "charges a $25 administrative fee" and the panelist "will provide up to a 25-minute initial consultation free of charge"; the fee is waived for residential tenants, Social Security claimants, workers' compensation claimants and personal injury plaintiffs. Hours: 8:30 a.m.-4:45 p.m., Monday-Friday. A Modest Means Program connects moderate-income people with attorneys offering reduced-cost help. Program rules: https://www.michbar.org/file/lrs/lrs-programrules.pdf |
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| Check discipline history or file a complaint | Complaints (Requests for Investigation) about Michigan lawyers go to the Attorney Grievance Commission. Anyone may file, using the AGC form or a signed letter describing the misconduct with approximate time and place and any documents (unbound, unstapled). Requests are not accepted electronically or by fax; mail them to the Michigan Attorney Grievance Commission, 755 W. Big Beaver Rd., Suite 2100, Troy, MI 48084. Intake decides whether the lawyer must respond or dismisses (you may ask for reconsideration); after investigation the Commission may close the file, issue a consensual admonition, place the lawyer on contractual probation, or authorize formal charges before the Attorney Discipline Board, and notifies the parties in writing. A lawyer's public disciplinary record can be requested from the Commission. Phone: 313-961-6585. |
Free legal help
| Free legal aid | Michigan's LSC-funded legal aid organizations give free civil legal help to eligible low-income people: Lakeshore Legal Aid, Legal Aid of Western Michigan, Legal Services of Eastern Michigan, Legal Services of Northern Michigan, Michigan Advocacy Program and Michigan Indian Legal Services. |
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All legal help in Michigan · Do I need a lawyer?
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.