Michigan living trusts & estate documents

Living trust law in Michigan

A revocable living trust holds your home, accounts, and other property during your life, you stay in full control as trustee and can change or revoke it any time, then passes it to your beneficiaries without probate when you're gone. In Michigan, trusts are governed by the Michigan Trust Code, MCL 700.7101 et seq. (EPIC).

Avoiding probate in Michigan

Probate in Michigan is governed by the Estates and Protected Individuals Code (EPIC), MCL 700 and handled by the county Probate Court. EPIC allows unsupervised (informal) administration.

Michigan allows a small-estate affidavit (28 days after death, no real property) and a court assignment procedure when the estate is $50,000 or less, adjusted as provided in MCL § 700.1210 (MCL §§ 700.3983, 700.3982, base raised by 2024 PA 1). The Michigan Department of Treasury publishes the adjusted amount each year; its cost-of-living notice of January 30, 2026 sets the MCL 700.3982 and 700.3983 amount at $53,000 for decedents who die in 2026. Assets held in a funded living trust pass to your beneficiaries without probate, whatever the size of the estate. Many Michigan homeowners set one up for that reason.

Estate and inheritance tax in Michigan

Michigan has no estate or inheritance tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in Michigan

A surviving spouse in Michigan who is left out of the will can instead claim an elective share of one-half of what the spouse would take by intestacy, reduced by property already received from the decedent under Mich. Comp. Laws § 700.2202, a protection the will itself cannot override.

Michigan also sets aside a homestead allowance of $15,000 as printed in MCL 700.2402, adjusted for inflation under MCL 700.1210 to $30,000 for decedents who die in 2026 (Michigan Department of Treasury cost-of-living notice of January 30, 2026, Table A; the same notice sets exempt property at $20,000 and the family allowance lump sum limit at $36,000 for 2026) for the surviving spouse, or if there is none the decedent's minor and dependent children (Mich. Comp. Laws § 700.2402), exempt from and with priority over all claims against the estate, except administration costs and expenses and reasonable funeral and burial expenses.

Signing your Michigan documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Designation of Patient Advocate in the presence of two adult witnesses, as the form’s execution block provides.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Michigan. Follow those as the authoritative guide.

Serving all of Michigan

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