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Start the free role checkThe building blocks of a Michigan estate plan
A Michigan will
A will directs who receives your property and names a personal representative, but it generally must pass through Michigan probate to take effect. It can also name guardians for minor children.
A revocable living Trust
A revocable living Trust holds your assets during life and passes them to your beneficiaries at death — generally outside probate — while you keep full control and can change it anytime. It is an administration and probate-avoidance tool, not asset protection.
Probate
Probate is the court process that settles a decedent's estate — proving the will, paying creditors, and distributing what remains. In Michigan the county probate court appoints a personal representative (MCL 700.3203), who publishes a notice to creditors (MCL 700.3801); small estates have simpler procedures (MCL 700.3982, 700.3983), and many plans aim to reduce or avoid probate.
Asset protection
Michigan protects some property by statute — a small homestead exemption, retirement accounts and certain other property (MCL 600.6023), and life insurance for a spouse or children (MCL 500.2207) — but each depends on facts, timing and titling, and a revocable Trust does not by itself shield assets from creditors (MCL 700.7506). This is an area to review with a Michigan attorney.
Powers of attorney & advance directives
A complete plan usually also includes a durable power of attorney (MCL 556.205) and a patient advocate designation (MCL 700.5506), which may state your treatment wishes — so someone you trust can act for you if you cannot.
Which plan is right in Michigan?
There is no single best plan for everyone — the right mix of will, Trust, and directives depends on your assets, your family, and your goals. This page is general information, not legal advice. A free role check can show you where you stand, and a Michigan attorney can recommend what fits your situation.
General information about Michigan law, not legal advice.
Frequently asked questions
- What documents make up a Michigan estate plan?
- Commonly a will (MCL 700.2502), often with a revocable trust (MCL 700.7401, 700.7602), beneficiary designations, a durable power of attorney for finances, and a patient advocate designation for medical decisions (MCL 700.5506).
- Does a Michigan trust avoid probate?
- Property titled to the trust passes under its terms without probate; property left in the decedent's own name may need probate or a small-estate procedure (MCL 700.3982, 700.3983), and a will can pour it into the trust (MCL 700.2511).
General information about Michigan law, not legal advice.