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Короткий ответ · 10 мин чтения
A Michigan successor trustee takes office by accepting — by the trust's method or by acting as trustee (MCL 700.7701) — and then administers the trust in good faith, expeditiously, by its terms and for the beneficiaries (MCL 700.7801). Within 63 days after accepting, the trustee notifies the qualified trust beneficiaries of the acceptance (MCL 700.7814(2)(b)).
Последняя сверка с законами Мичигана и обновление: 2026-10-10.
What "successor trustee" means in Michigan
A successor trustee is the person the trust names to serve when the current trustee stops — at the settlor-trustee's death, resignation or incapacity, or another vacancy. A vacancy occurs when a designated trustee rejects the trusteeship, cannot be identified or does not exist, resigns, is disqualified or removed, dies, or has a guardian or conservator appointed; a vacancy in a noncharitable trust is filled in the manner the trust's terms designate, and otherwise by a person the court appoints (MCL 700.7704).
The Michigan Trust Code is Article VII of the Estates and Protected Individuals Code (MCL 700.7101). A trust is administered free of the court unless an interested person invokes its jurisdiction (MCL 700.7201; MCR 5.501(B)), and the court issues no letters of trusteeship (MCR 5.501(E)).
Taking office: accepting, declining, and preserving
A designated trustee accepts 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 (MCL 700.7701(1)). A designee who has not accepted may reject; one who does not accept within a reasonable time after knowing of the designation is deemed to have rejected (MCL 700.7701(2)).
Without accepting, a designee may act to preserve the trust property if a rejection is sent within a reasonable time afterward — to the settlor or, if the settlor is dead or lacks capacity, to a qualified trust beneficiary — and may inspect or investigate the property (MCL 700.7701(3)). A trustee gives bond only where the court finds it necessary or the terms require it (MCL 700.7702).
The notices: 63 days, counted from what happens and what you learn
Within 63 days after accepting, the trustee notifies the qualified trust beneficiaries of the acceptance, of the court in which the trust is registered (if it is registered), and of the trustee's name, address and telephone number (MCL 700.7814(2)(b)). Within 63 days after learning that the trust was created irrevocable or has become irrevocable, the trustee notifies them of the trust's existence, the settlor's identity, the court of registration (if any) and their right to request the terms that describe or affect their interests (MCL 700.7814(2)(c)). A change in the method or rate of the trustee's compensation is noticed in advance (MCL 700.7814(2)(d)).
These notices apply to trusteeships accepted, and trusts created or becoming irrevocable, on or after April 1, 2010 (MCL 700.7814(6)). A trust with a nondisclosure period follows MCL 700.7409a instead.
The duties that come with the role
The statutes describe what a trustee owes:
- Good faith, expeditiously, by the trust's terms and purposes, for the trust beneficiaries (MCL 700.7801).
- Loyalty: administer solely in the beneficiaries' interests; a self-interested transaction is voidable by an affected beneficiary unless an exception applies (MCL 700.7802).
- Prudence and impartiality, under the Michigan prudent investor rule (MCL 700.7803, 700.1502).
- Control, records and separation of the trust property (MCL 700.7810, 700.7811), and locating it (MCL 700.7813).
- Keeping the qualified trust beneficiaries reasonably informed and answering requests promptly (MCL 700.7814(1)).
- A report at least annually and at termination (MCL 700.7814(3)).
First steps before acting
Read the trust and every amendment; note the trustee provisions, any trust director or separate trustee, and the distribution terms. List the property by how it is titled. A successor to a settlor who was also trustee is not liable for the settlor's actions as trustee and has no duty to investigate them (MCL 700.7603(4), (5)). Banks and title companies usually accept a certificate of trust in the form of an affidavit (MCL 700.7913).
Сроки попечителя в Мичигане: что предусматривают законы
Сверено с законами Мичигана 2026-10-10. Общая информация, не юридическая консультация; официальный текст имеет приоритет.
| Когда | Срок | Что предусматривает закон | Кому | Статья |
|---|---|---|---|---|
| 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 ↗Связанное наследство |
| 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 ↗Связанное наследство |
| 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 ↗Связанное наследство |
| 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 ↗Связанное наследство |
| 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 ↗Связанное наследство |
| 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 ↗Федеральный |
| 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 ↗Федеральный |
| 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 ↗Федеральный |
Cotrustees, separate trustees and trust directors
Cotrustees act by majority, and each participates unless unavailable or a function is properly delegated; a delegation to a cotrustee of a power only a trustee can perform is noticed to the qualified trust beneficiaries within 28 days (MCL 700.7703). A trust may divide the trusteeship into separate offices — investment, distribution and others — whose holders are not cotrustees of one another (MCL 700.7703b). Where the terms give a trust director a power of direction, the directed trustee takes action to comply and is not liable for doing so, except where the direction was obtained by the trustee's collusion or fraud (MCL 700.7703a). A trustee may delegate investment and management functions to an agent with reasonable care in selecting and reviewing the agent (MCL 700.1510).
Resigning, being removed, and the vacancy
A trustee may resign on at least 28 days' notice to the qualified trust beneficiaries, the holders of powers of appointment and all cotrustees, or with the court's approval; resignation does not discharge liability for the trustee's acts (MCL 700.7705). The court may remove a trustee for a serious breach of trust, lack of cooperation among cotrustees, unfitness or persistent failure to administer effectively, or a substantial change of circumstances (MCL 700.7706). A trustee who resigns or is removed keeps a trustee's duties and the powers needed to protect the property until it is delivered, and delivers it expeditiously to the cotrustee, successor or other person entitled (MCL 700.7707).
Compensation, reports, and the ways trustees get into trouble
Where the trust does not set it, a trustee is entitled to reasonable compensation; where it does, the court may allow more or less in the circumstances the statute states (MCL 700.7708). Expenses properly incurred are reimbursed (MCL 700.7709). A breach of trust exposes the trustee to the remedies of MCL 700.7901 and to liability for the larger of the loss and the trustee's profit (MCL 700.7902). The report that adequately discloses a potential claim starts a one-year period (MCL 700.7905).
When a licensed Michigan attorney is the right next call
TrusteeClear explains the role and organizes the record; it does not decide who is a qualified trust beneficiary or how a separate-trustee or directed-trust provision divides the work. A licensed Michigan attorney of your choosing can advise on those questions and on a resignation or a dispute.
Частые вопросы
How does a successor trustee accept a Michigan trust?
By substantially complying with the method the trust provides or, where it provides none or its method is not exclusive, by accepting delivery of trust property, exercising powers or performing duties as trustee (MCL 700.7701(1)).
Who must a Michigan successor trustee notify?
The qualified trust beneficiaries, within 63 days after accepting (MCL 700.7814(2)(b)) and within 63 days after learning the trust is irrevocable (MCL 700.7814(2)(c)).
Is a Michigan successor trustee paid?
Yes, reasonably, unless the trust sets the compensation; the court may adjust a specified amount in the circumstances the statute states (MCL 700.7708). A change in the method or rate is noticed in advance (MCL 700.7814(2)(d)).
Can a Michigan trustee resign?
Yes, on at least 28 days' notice to the qualified trust beneficiaries, the holders of powers of appointment and all cotrustees, or with the court's approval (MCL 700.7705).
Is a Michigan successor trustee responsible for what the settlor did as trustee?
No. A successor to a trustee who was also the settlor is not liable for the settlor's actions as trustee and has no duty to investigate them (MCL 700.7603(4), (5)).
Ключевые положения Кодекса о трастах Мичигана
Acceptance or rejection of trusteeship
MCL 700.7701 ↗Понятное простое объяснение; дословный текст статута ещё не заверен в нашей библиотеке. Смотрите официальный статут по ссылке выше.
Vacancy in trusteeship; manner of filling; priority; appointment by court of additional trustee or fiduciary; definitions
MCL 700.7704 ↗Понятное простое объяснение; дословный текст статута ещё не заверен в нашей библиотеке. Смотрите официальный статут по ссылке выше.
Administration of trust; duties of trustee
MCL 700.7801 ↗Понятное простое объяснение; дословный текст статута ещё не заверен в нашей библиотеке. Смотрите официальный статут по ссылке выше.
Duty to inform and report
MCL 700.7814 ↗Понятное простое объяснение; дословный текст статута ещё не заверен в нашей библиотеке. Смотрите официальный статут по ссылке выше.
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