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Start the free role checkMichigan will vs. revocable living Trust, at a glance
| What matters | Michigan will | Revocable living Trust |
|---|---|---|
| When it takes effect | Only at death | During life and at death |
| Michigan probate | Generally required to take effect | Generally avoided for assets the Trust owns |
| Privacy | Becomes a public court record | Stays private |
| If you become incapacitated | Doesn't help — a will operates only at death | A successor Trustee can manage assets for you |
| Protection from your creditors | No | No — a revocable Trust is not asset protection |
Many Michigan plans use both
A revocable living Trust often holds the major assets to avoid probate and plan for incapacity, while a “pour-over” will catches anything left out and names guardians for minor children. Used together, they cover gaps neither closes alone.
Which is right for you in Michigan?
There is no single right answer — it depends on your assets, your family, whether incapacity planning matters to you, 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
- Is a will or a trust better in Michigan?
- Neither is better by law; they do different work. A will is probated, with a personal representative who publishes a notice to creditors (MCL 700.3203, 700.3801); a funded revocable trust passes its property without probate, and its trustee sends the beneficiaries the notices of MCL 700.7814(2). Many plans use both.
- Does a Michigan revocable trust protect assets from creditors?
- Not from the settlor's own creditors: during the settlor's lifetime a revocable trust's property is subject to them (MCL 700.7506), and after the death it answers for the estate's expenses, claims and allowances to the extent the probate estate is insufficient (MCL 700.7605).
General information about Michigan law, not legal advice.