For families after a death
What happens now?
As successor Trustee you'll have some responsibilities under Michigan law — notifying beneficiaries, safeguarding assets, and eventually accounting. You don't have to know all of it today. Nothing is sent without your direction, and everything stays organized for a licensed Michigan attorney of your choosing.
- Nothing is urgent in the first day or two — take care of yourself and your family.
- When you're ready, a few short questions tell you exactly what your role requires.
- Everything you organize stays ready for a licensed Michigan attorney of your choosing; you're not doing this alone.
The short answer · 11 min read
After a Michigan settlor's death, the successor trustee takes reasonable steps to control and protect the trust property (MCL 700.7810) and, within 63 days after learning the trust is irrevocable, notifies the qualified trust beneficiaries (MCL 700.7814(2)(c)). Where no personal representative has letters, the trustee publishes its own notice to creditors (MCL 700.7608).
Last reviewed against the Michigan Statutes and updated on 2026-10-10.
The first week: decide, secure, and find the documents
A trust whose instrument was signed on or after April 1, 2010 is revocable unless its terms expressly make it irrevocable (MCL 700.7602(1)); at the settlor's death a revocable trust becomes irrevocable. While it was revocable, the trustee's duties were owed to the settlor (MCL 700.7603(1)). A person designated as successor trustee accepts by the method 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; one who does not accept within a reasonable time after knowing of the designation is deemed to have rejected it (MCL 700.7701).
Before deciding, a designated trustee may act to preserve the trust property, sending a rejection within a reasonable time if declining, and may inspect or investigate it (MCL 700.7701(3)). Find the trust instrument and every amendment, the death certificate, recent statements, deeds, titles and beneficiary designations.
The notices: 63 days, each from its own beginning
Within 63 days after the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the settlor's death or otherwise, the trustee notifies 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 (MCL 700.7814(2)(c)). A trustee who accepts the trusteeship also notifies them, within 63 days after the acceptance, of the acceptance and of the trustee's name, address and telephone number (MCL 700.7814(2)(b)). Two notices, each with its own clock; they are often sent together.
Who is a qualified trust beneficiary turns on the settlor's material purpose and on who would receive distributions now, or if the present interests or the trust ended (MCL 700.7103(g)). Notice may be sent by first-class mail, personal delivery, delivery to the last known place of residence or business, or a properly directed and identified electronic message (MCL 700.7109). A trust whose terms clearly withhold information for a nondisclosure period follows that section's own rules (MCL 700.7409a).
Michigan trustee deadlines: what the statutes provide
Reviewed against the Michigan Statutes on 2026-10-10. General information, not legal advice; the official text controls.
| When | Timing | What the statute provides | To whom | Statute |
|---|---|---|---|---|
| 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 ↗Related estate |
| 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 ↗Related estate |
| 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 ↗Related estate |
| 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 ↗Related estate |
| 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 ↗Related estate |
| 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 ↗Federal |
| 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 ↗Federal |
| 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 ↗Federal |
Taking control and listing the assets
The trustee takes reasonable steps to take control of and protect the trust property (MCL 700.7810), keeps adequate records and keeps the trust's property separate from the trustee's own (MCL 700.7811), and takes reasonable steps to locate trust property and compel its delivery (MCL 700.7813). A successor to a trustee who was also the settlor is not liable for the settlor's actions as trustee and need not investigate them (MCL 700.7603(4), (5)).
Michigan's probate court issues no letters of trusteeship; a trustee may establish incumbency by affidavit (MCR 5.501(E)). Banks, brokers and title companies usually accept a certificate of trust in the form of an affidavit instead of the whole instrument (MCL 700.7913).
Creditors, the estate, and the trustee's notice to creditors
A trust the settlor could revoke at death answers for the estate's administration expenses, timely presented claims and the family's allowances — but only to the extent the probate estate is insufficient (MCL 700.7605). A trustee pays the amount a personal representative certifies in writing and may rely on the certificate (MCL 700.7606). The personal representative's own notice to creditors goes to the trustee of the decedent's revocable trust (MCL 700.3801).
Where no personal representative has letters, each trustee publishes and serves a notice to creditors in the manner MCL 700.3801 sets for a personal representative, naming the deceased settlor, the trust, the date it was established, each trustee and any attorney, and stating the date of publication (MCL 700.7608). Claims are then presented within 4 months after publication — a known creditor, within the later of 28 days after its notice and the 4 months — and, without a compliant notice, within 3 years after the death (MCL 700.7610). A claim disallowed in a notice that warns of the bar is barred unless the claimant begins a proceeding within 63 days after the notice (MCL 700.7611).
The surviving spouse and the family
The homestead allowance ($15,000 as adjusted for the year of death — $30,000 in 2026), a reasonable family allowance and exempt property ($10,000 as adjusted — $20,000 in 2026) belong to the surviving spouse or, in the circumstances the statutes state, the children (MCL 700.2402, 700.2403, 700.2404). Trust property answers for them only where the probate estate is insufficient, and not at all if no personal representative is appointed within 4 months after the trustee's notice to creditors is published (MCL 700.7605, 700.7606). A surviving spouse of a decedent who left a will may elect against the will within the time MCL 700.2202 sets — the spouse's own decision.
The house, and the property tax
A transfer of ownership of Michigan real property makes its taxable value the state equalized valuation for the following year (MCL 211.27a(3)). The statute lists conveyances to and distributions from a trust that are not transfers of ownership — among them a distribution of residential real property to the settlor's or the settlor's spouse's parent, sibling, child or grandchild when it is not used for any commercial purpose afterward (MCL 211.27a(6), (7)). The buyer, grantee or other transferee notifies the local assessing office within 45 days of a transfer of ownership, on the State Tax Commission's form (MCL 211.27a(10)). Whether a particular deed uncaps the taxable value is the assessor's determination.
Reports, the contest window and the time limits
At least annually and at the trust's termination, the trustee sends a report of the trust property, liabilities, receipts and disbursements — including the trustee's compensation — with a listing of the trust property and, if feasible, its market values (MCL 700.7814(3)). A report that adequately discloses a potential claim and states the time allowed starts a one-year period for a proceeding for breach of trust (MCL 700.7905(1)(a)).
A trust that was revocable at the death may be contested within the earlier of 2 years after the death and 6 months after the trustee sends a notice with the contents the statute lists; the trustee may distribute under the trust's terms unless it knows of a pending contest, or a potential contestant notified it in writing and a proceeding begins within 63 days after that notification (MCL 700.7604).
When a licensed Michigan attorney is the right next call
TrusteeClear explains and organizes; it does not decide who is a qualified trust beneficiary, whether a claim is barred, or whether a transfer uncaps a property's taxable value. Many trustees bring the trust, the creditor notice and the real-property questions to a licensed Michigan attorney of their choosing.
Step by step
- 1
Decide whether to accept
Accept by the trust's method or by acting as trustee; a designee who does not accept within a reasonable time is deemed to reject (MCL 700.7701).
- 2
Secure the property and the records
Take control of and protect the trust property, and keep it separate and recorded (MCL 700.7810, 700.7811).
- 3
Send the 63-day notices
Notify the qualified trust beneficiaries of the acceptance and of the trust's irrevocability, each within 63 days of its own beginning (MCL 700.7814(2)(b), (c)).
- 4
Address creditors
Where no personal representative has letters, publish and serve the trustee's notice to creditors (MCL 700.7608).
- 5
Report
Send the trustee's report at least annually and at termination (MCL 700.7814(3)).
A calm, plain-language role check. No payment to begin.
When you're ready, start hereGeneral information about Michigan Trustee duties, not legal advice.
Frequently asked questions
- How long does a Michigan successor trustee have to notify beneficiaries?
- 63 days: after accepting the trusteeship, notice of the acceptance (MCL 700.7814(2)(b)); after learning the trust became irrevocable, notice of its existence (MCL 700.7814(2)(c)). Each runs from its own beginning.
- Does a Michigan trustee publish a notice to creditors?
- Where no personal representative of the settlor's estate has letters, each trustee of the settlor's revocable trust publishes and serves a notice to creditors in the manner a personal representative would (MCL 700.7608). Claims are then presented within 4 months after publication (MCL 700.7610).
- Does a Michigan successor trustee get letters from the court?
- No. The probate court issues no letters of trusteeship; a trustee may establish incumbency by affidavit (MCR 5.501(E)), and third parties usually accept a certificate of trust (MCL 700.7913).
- How long can someone contest a Michigan revocable trust after the death?
- Within the earlier of 2 years after the settlor's death and 6 months after the trustee sends the notice MCL 700.7604(1)(b) describes.
- Does deeding the house out of a Michigan trust change the property tax?
- A transfer of ownership uncaps the taxable value for the following year (MCL 211.27a(3)), but the statute lists trust distributions that are not transfers of ownership, including certain residential transfers to close relatives (MCL 211.27a(6), (7)). The new owner files the property transfer affidavit within 45 days (MCL 211.27a(10)); the assessor determines the effect.
General information about Michigan law, not legal advice.