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A Michigan trustee sends a report at least annually and at the trust's termination — the trust property, liabilities, receipts and disbursements, the trustee's compensation, and a listing of the property with market values if feasible (MCL 700.7814(3)). A beneficiary may waive it (MCL 700.7814(5)); a report that adequately discloses a potential claim starts a one-year period (MCL 700.7905).
Dernière vérification par rapport aux Michigan Statutes et mise à jour : 2026-10-10.
What Michigan asks a trustee to report
At least annually and at the termination of the trust, the trustee sends a report of the trust property, liabilities, receipts and disbursements, including the source and amount of the trustee's compensation, a listing of the trust property and, if feasible, their respective market values, and, if applicable, the disclosure MCL 700.7802(5) requires (MCL 700.7814(3)).
That disclosure concerns a trustee that invests in an investment company or investment trust to which it or an affiliate provides services and is paid for investment advisory or management services: the trustee notifies the report's recipients at least annually of the rate and method by which that compensation was determined (MCL 700.7802(5)).
Who receives it, and the waiver
The report goes to the distributees or permissible distributees of trust income or principal, and to other qualified or nonqualified trust beneficiaries who request it; the trustee may provide it to any trust beneficiary (MCL 700.7814(3)). On a vacancy, unless a cotrustee remains in office, the former trustee sends a report to the qualified trust beneficiaries; a personal representative, conservator or guardian may send it for a deceased or incapacitated trustee (MCL 700.7814(3)).
A trust beneficiary may waive the right to a trustee's report or other information, and may withdraw the waiver for future reports (MCL 700.7814(5)). Where the terms direct accounts to fewer than all of the qualified trust beneficiaries, the court may direct statements to those excluded (MCL 700.7814(4)).
The record behind the report
A trustee keeps adequate records of the administration, keeps trust property separate from the trustee's own, and causes the trust's interest to appear in the records of anyone else holding trust property, subject to the exceptions the section lists (MCL 700.7811). Keep each statement, receipt and invoice, the date and amount of every distribution, and the basis of each value reported. Compensation is reasonable unless the terms set it (MCL 700.7708); expenses properly incurred are reimbursed (MCL 700.7709).
Délais du trustee au Michigan : ce que prévoient les lois
Vérifié par rapport aux Michigan Statutes le 2026-10-10. Information générale, pas un avis juridique ; le texte officiel fait foi.
| Quand | Délai | Ce que prévoit la loi | À qui | Loi |
|---|---|---|---|---|
| You learn you are named successor trustee | No fixed day-count. A designated trustee who does not accept within a reasonable time after knowing of the designation is deemed to have rejected the trusteeship. | Accept by substantially complying with the method of acceptance the trust provides or — where it provides none, or its method is not expressly exclusive — by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance. Without accepting, a designated trustee may act to preserve the property if a rejection follows within a reasonable time, and may inspect or investigate it. | — | MCL 700.7701 ↗ |
| You accept | At once and throughout; no day-count. | Administer the trust in good faith, expeditiously, in accordance with its terms and purposes, for the benefit of the trust beneficiaries, and in accordance with the Michigan Trust Code. | — | MCL 700.7801 ↗ |
| You accept | At once and throughout; no day-count. | Take reasonable steps to take control of and protect the trust property. | — | MCL 700.7810 ↗ |
| You accept | Throughout; no day-count. | Keep adequate records of the administration, keep trust property separate from your own, and — where someone else holds trust property — cause the trust's interest to appear in that holder's records, subject to the exceptions the section lists. | — | MCL 700.7811 ↗ |
| You accept | No day-count. | Take reasonable steps to locate trust property and to compel a former trustee or other person to deliver it. | — | MCL 700.7813 ↗ |
| You accept the trusteeship | Within 63 days after you accept. | Notify the qualified trust beneficiaries of the acceptance, of the court in which the trust is registered (if it is registered), and of your name, address and telephone number. A trust whose terms set a nondisclosure period follows MCL 700.7409a instead. | The qualified trust beneficiaries (MCL 700.7103(g)) | MCL 700.7814(2)(b) ↗ |
| You learn that the trust was created irrevocable, or that a revocable trust has become irrevocable — by the settlor's death or otherwise | Within 63 days after you acquire that knowledge. | Notify the qualified trust beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the court in which the trust is registered (if it is registered), and of their right to request a copy of the terms of the trust that describe or affect their interests. | The qualified trust beneficiaries (MCL 700.7103(g)) | MCL 700.7814(2)(c) ↗ |
| You plan a change in the method or rate of your compensation | In advance of the change. | Notify the qualified trust beneficiaries before the change. | The qualified trust beneficiaries | MCL 700.7814(2)(d) ↗ |
| A trust beneficiary asks for information | Promptly, unless unreasonable under the circumstances. | Respond to the request for information related to the trust's administration. Throughout, keep the qualified trust beneficiaries reasonably informed about the administration and of the material facts they need to protect their interests. | — | MCL 700.7814(1) ↗ |
| A trust beneficiary reasonably requests the trust's terms | Promptly. | Furnish a copy of the terms of the trust that describe or affect the beneficiary's interest, and relevant information about the trust property. | — | MCL 700.7814(2)(a) ↗ |
| Each year of the administration | At least annually. | Send a report of the trust property, liabilities, receipts and disbursements — including the source and amount of your compensation — with a listing of the trust property and, if feasible, its market values. A beneficiary may waive reports and later withdraw the waiver (MCL 700.7814(5)). | The distributees or permissible distributees of income or principal, and other trust beneficiaries who request it | MCL 700.7814(3) ↗ |
| The trust terminates | At termination; no day-count. | Send the same report at the trust's termination. | The distributees or permissible distributees, and other trust beneficiaries who request it | MCL 700.7814(3) ↗ |
| A vacancy occurs in the trusteeship and no cotrustee remains in office | Upon the vacancy; no day-count. | The former trustee sends a report to the qualified trust beneficiaries; a personal representative, conservator or guardian may send it on behalf of a deceased or incapacitated trustee. | The qualified trust beneficiaries | MCL 700.7814(3) ↗ |
| You reasonably believe the settlor of a revocable trust is incapacitated | Throughout; no day-count. | Keep the settlor's designated agent — or, where there is none or the sole agent is a trustee, each beneficiary who would be a qualified trust beneficiary if the settlor had died — informed of the trust's existence and reasonably informed of its administration. | — | MCL 700.7603(2) ↗ |
| The settlor of a trust the settlor could revoke dies, and no personal representative has letters | No day-count for publishing; claims are then presented within 4 months after the date of publication. | Each trustee publishes and serves a notice to creditors, in the manner MCL 700.3801 sets for a personal representative and in compliance with the court rules, naming the deceased settlor, the trust's name or designation, the date the trust was established, each trustee's name and address and the trustee's attorney (if any), and stating the date of publication. | — | MCL 700.7608 ↗ |
| You publish the notice to creditors | Within 4 months after publication; for a creditor you first learn of less than 28 days before those 4 months end, within 28 days after you learn of it. | Send a copy of the notice to each creditor you know of — one you have actual notice of, or whose existence is reasonably ascertainable from the settlor's records for the two years before death and the mail after it — with the protection MCL 700.3801 gives a personal representative (MCL 700.7608). | — | MCL 700.3801(2) ↗ |
| The notice to creditors is published | 4 months after publication; for a known creditor, the later of 28 days after notice is sent and the 4 months; without a compliant notice, 3 years after the death. | A claim against the settlor that arose at or before death is barred against the trust, each trustee and the beneficiaries unless presented within those times. A lien, an insured claim to the limits of the insurance, and the trustee's compensation and expenses are not affected. | — | MCL 700.7610 ↗ |
| You disallow a presented claim, no personal representative having been appointed | The claimant has 63 days after the notice of disallowance is mailed; a claim not acted on within 63 days after the time for presenting it expires is treated as allowed. | A notice of disallowance that warns of the impending bar starts the claimant's 63 days to begin a proceeding; failing to deliver or mail notice of action on a claim within 63 days after the presentation period expires constitutes a notice of allowance. | — | MCL 700.7611 ↗ |
| A personal representative certifies the estate's unpaid expenses, claims and allowances | No day-count. | Pay the personal representative the amount certified in writing for the expenses, claims and allowances the probate estate cannot cover; you may rely on the certificate. | — | MCL 700.7606 ↗ |
| The settlor of a trust that was revocable at death dies | The earlier of 2 years after the death and 6 months after you send a notice with the contents MCL 700.7604(1)(b) lists. | A proceeding to contest the trust's validity is begun within that time. You may distribute under the trust's terms unless you know of a pending contest, or a potential contestant notified you in writing and a proceeding is begun within 63 days after that notification. | — | MCL 700.7604 ↗ |
| You send a report that adequately discloses a potential claim and states the time allowed | 1 year after the report is sent; for a beneficiary who waived reports, 1 year after the end of the calendar year of the alleged breach; otherwise 5 years after the first of the trustee's removal, resignation or death, the end of the beneficiary's interest, or the trust's termination. | The periods within which a trust beneficiary may begin a proceeding against a trustee for breach of trust. | — | MCL 700.7905 ↗ |
| You decide to resign | At least 28 days' notice, or with the court's approval. | Give notice to the qualified trust beneficiaries, the holders of powers of appointment and all cotrustees. Resignation does not discharge your liability, or your sureties', for your acts or omissions. | The qualified trust beneficiaries, the holders of powers of appointment and all cotrustees | MCL 700.7705 ↗ |
| You delegate to a cotrustee a power only a trustee can perform | Within 28 days; a revocation of the delegation, within 28 days after it. | Notify the qualified trust beneficiaries of the delegation, and later of any revocation of it. | The qualified trust beneficiaries | MCL 700.7703 ↗ |
| You propose to transfer the trust's principal place of administration | At least 63 days before initiating the transfer; the objection date the notice states is at least 63 days after the notice. | Notify the qualified trust beneficiaries in writing with the contents the section lists, including, conspicuously, the date by which they may object. A timely written objection ends the authority to transfer without the court's approval. | The qualified trust beneficiaries | MCL 700.7108 ↗ |
| You consider terminating a small trust as uneconomic | After 63 days after the notice. | A trustee of a trust whose property is worth less than $50,000, adjusted each year (under $100,000 in 2026), may terminate it after notice to the qualified trust beneficiaries — and the Attorney General for a charitable trust — if the trustee concludes the value does not justify the cost of administration. | The qualified trust beneficiaries (and the Attorney General for a charitable trust) | MCL 700.7414 ↗ |
| You intend to distribute property of an irrevocable trust with a discretionary trust provision to a second trust | Not later than 63 days before exercising the power, unless the living settlors and qualified trust beneficiaries waive the period in writing. | Give written notice of the intended exercise, with a copy of the proposed instrument of exercise. | The living settlors of the first trust and its qualified trust beneficiaries | MCL 700.7820a ↗ |
| The trust terminates, in whole or in part, and you send a proposal for distribution | A beneficiary's right to object ends 28 days after the proposal was sent, if the proposal stated the right and the time. | On termination, proceed expeditiously to distribute the property to the persons entitled to it, keeping a reasonable reserve for debts, expenses and taxes. | The trust beneficiaries | MCL 700.7821 ↗ |
| Ownership of Michigan real property transfers — for example, a deed from the trust to a beneficiary | Within 45 days of the transfer of ownership. | The buyer, grantee or other transferee notifies the local assessing office on the State Tax Commission's form (the property transfer affidavit). A transfer of ownership makes the taxable value the state equalized valuation for the following year; the statute lists conveyances to and distributions from a trust that are not transfers of ownership (MCL 211.27a(6), (7)) — whether one applies is the assessor's determination. | The local assessing office | MCL 211.27a(10) ↗ |
| The trust's tax year ends | The 15th day of the fourth month after year-end (April 15 for a calendar-year trust). | File the Michigan fiduciary income tax return where the trust is required to file one, alongside the federal Form 1041. | — | Michigan Form MI-1041 ↗ |
| A personal representative is appointed | Within 91 days after appointment, or another time the court rule specifies. | The personal representative prepares an inventory of the decedent's property with its fair market value at death and any encumbrance, and sends a copy to the presumptive distributees and to interested persons who request it. | — | MCL 700.3706 ↗Succession liée |
| A personal representative is appointed | On appointment, unless notice has already been given; claims within 4 months after publication. | The personal representative publishes a notice to creditors and sends it to the creditors it knows of and to the trustee of the decedent's revocable trust. | — | MCL 700.3801 ↗Succession liée |
| The testator dies and you hold the will | With reasonable promptness after the death. | The custodian of a will or codicil delivers it to the court having jurisdiction of the decedent's estate, by personal delivery or registered mail. | — | MCL 700.2516 ↗Succession liée |
| A married decedent domiciled in Michigan leaves a will | Within 63 days after the date for presentment of claims or after service of the inventory on the spouse, whichever is later. | The surviving spouse may file an election to abide by the will or to take one-half of the intestate share, reduced by one-half of the value of property derived from the decedent by other means; the election is the spouse's own, during the spouse's lifetime. | — | MCL 700.2202 ↗Succession liée |
| The decedent dies leaving a small estate of personal property | After 28 days after the death. | A person holding the decedent's personal property delivers it to the successor on a death certificate and a sworn statement that, among other facts, the estate has no real property and its value, net of liens, is not more than $50,000 as adjusted for the year of death ($53,000 in 2026), and that no personal representative's appointment is pending or granted. | — | MCL 700.3983 ↗Succession liée |
| The trust becomes irrevocable | Before the trust receives income or files under its own number. | Obtain the trust's employer identification number; a revocable trust used the settlor's Social Security number, and that stops at death. | — | IRS Form SS-4 ↗Fédéral |
| The decedent dies | Nine months after death; a six-month extension is available. | File the federal estate tax return when the gross estate exceeds the filing threshold, or to elect portability for a surviving spouse. | — | IRS Form 706 ↗Fédéral |
| The trust's tax year ends | The 15th day of the fourth month after year-end (April 15 for a calendar-year trust). | File the trust's income tax return and issue a Schedule K-1 to each beneficiary who received distributable income. | — | IRS Form 1041 ↗Fédéral |
The one-year period a report can start
A trust beneficiary may not begin a proceeding for breach of trust more than 1 year after the beneficiary or a representative was sent a report that adequately disclosed the existence of a potential claim and informed the beneficiary of the time allowed (MCL 700.7905(1)(a)). A report adequately discloses a potential claim if it gives enough information that the beneficiary knows of it or should have inquired into it (MCL 700.7905(2)).
A beneficiary who waived reports may not begin a proceeding more than 1 year after the end of the calendar year of the alleged breach (MCL 700.7905(1)(b)). Otherwise the period is 5 years after the first of the trustee's removal, resignation or death, the end of the beneficiary's interest, or the trust's termination (MCL 700.7905(3)).
At termination: the final report and the distribution proposal
On termination the trustee proceeds expeditiously to distribute the trust property to those entitled, keeping a reasonable reserve for debts, taxes and expenses (MCL 700.7821(2)). The trustee may send the beneficiaries a proposal for distribution; a beneficiary's right to object ends if no objection reaches the trustee within 28 days after the proposal was sent, but only if the proposal stated the right to object and the time allowed (MCL 700.7821(1)). The report at termination closes the record (MCL 700.7814(3)).
When the court is involved
A Michigan trust is administered without court supervision unless an interested person invokes the court's jurisdiction (MCL 700.7201; MCR 5.501(B)). The probate court has exclusive jurisdiction of proceedings that concern a trust's internal affairs and settlement (MCL 700.1302), and among the remedies for a breach of trust it may order a trustee to account (MCL 700.7901).
When a licensed Michigan attorney is the right next call
TrusteeClear organizes the ledger and the report's contents; it does not say whether a report adequately discloses a claim. A licensed Michigan attorney of your choosing can advise on a report meant to start the one-year period, a waiver, or a distribution proposal.
Questions fréquentes
How often does a Michigan trustee have to report?
At least annually and at the trust's termination, and on a vacancy where no cotrustee remains (MCL 700.7814(3)).
What goes in a Michigan trustee's report?
The trust property, liabilities, receipts and disbursements, including the source and amount of the trustee's compensation, a listing of the property with market values if feasible, and any MCL 700.7802(5) disclosure (MCL 700.7814(3)).
Can a Michigan beneficiary waive the trustee's report?
Yes, and may later withdraw the waiver for future reports (MCL 700.7814(5)).
How long does a Michigan beneficiary have to sue a trustee after a report?
1 year after being sent a report that adequately disclosed the potential claim and stated the time allowed (MCL 700.7905(1)(a)); otherwise the periods of MCL 700.7905(1)(b) and (3) apply.
What is a proposal for distribution in Michigan?
On termination, the trustee may send the beneficiaries a proposal; a beneficiary's right to object ends 28 days after it was sent if the proposal stated the right and the time (MCL 700.7821(1)).
Les dispositions applicables
Recordkeeping and identification of trust property
MCL 700.7811 ↗Explication claire et simple ; le texte intégral de la loi n'est pas encore attesté dans notre bibliothèque. Consultez la loi officielle via le lien ci-dessus.
Duty to inform and report
MCL 700.7814 ↗Explication claire et simple ; le texte intégral de la loi n'est pas encore attesté dans notre bibliothèque. Consultez la loi officielle via le lien ci-dessus.
Distribution upon termination
MCL 700.7821 ↗Explication claire et simple ; le texte intégral de la loi n'est pas encore attesté dans notre bibliothèque. Consultez la loi officielle via le lien ci-dessus.
Commencement of proceedings; limitations
MCL 700.7905 ↗Explication claire et simple ; le texte intégral de la loi n'est pas encore attesté dans notre bibliothèque. Consultez la loi officielle via le lien ci-dessus.
Bonnes pratiques
- Ouvrez un compte réservé à la fiducie; ne mélangez jamais les fonds de la fiducie avec les vôtres.
- Conservez chaque reçu et inscrivez chaque décaissement au moment où il survient.
- Suivez les actifs à leur valeur à la date du décès (ou du financement de la fiducie) et à leur valeur actuelle.
- Documentez la raison de chaque distribution et conservez les communications avec les bénéficiaires.
Information générale sur le droit du Michigan, pas un avis juridique.