When a Shelby Township widow spent fourteen months navigating Macomb County Probate Court after her husband’s unexpected passing, she wasn’t just dealing with grief. She was managing court deadlines, filing accountings, paying legal fees that climbed past $18,000, and watching her family’s financial details become part of the public record.

Her husband had a will. It just didn’t avoid probate.

For Michigan families, particularly those in Macomb County, Oakland County, and throughout Southeast Michigan, this story is frustratingly common. The good news? It’s also entirely preventable.

A revocable living trust offers Macomb County families a straightforward way to bypass the probate process, maintain privacy, and give loved ones faster access to assets when it matters most. Here’s what you need to know about using trusts to avoid probate in Michigan.

Why Macomb County Families Want to Avoid Probate

What Probate Actually Looks Like in Michigan

Under Michigan’s Estates and Protected Individuals Code (EPIC), probate is the court-supervised process for settling a deceased person’s estate. The Macomb County Probate Court handles these matters for county residents, processing everything from asset inventories to creditor claims.

Many Michigan residents don’t realize that having a will doesn’t avoid probate—it actually requires it. A will only takes effect through probate proceedings.

The typical Macomb County probate experience includes:

Time delays. While Michigan law allows probate to close in as few as five months, reality tells a different story. Most straightforward estates take 12 to 18 months. Contested matters stretch longer.

Significant costs. Probate expenses add up quickly:

• Court filing fees: $150 to $375 to open a probate estate
• Publication and notice fees: Several hundred dollars
• Attorney fees: Typically $300 to $500+ per hour
• Personal representative fees: Up to approximately 5% of estate value
• Appraisals, accountants, and other professional services

For a $300,000 estate, total probate costs commonly range from $9,000 to $21,000—roughly 3% to 7% of estate value.

Privacy loss. Under MCL 700.3705, probate inventories and many court filings become public records. Anyone can access information about your assets, debts, and family distributions.

Administrative burden. Personal representatives must follow strict EPIC deadlines for notices, inventories, creditor claims, and accountings. Mistakes can create personal liability.

The Trust Alternative

Assets properly titled in a revocable living trust avoid probate entirely. Instead of court supervision, a successor trustee steps in and handles administration privately.

The contrast is significant:

• Timeline: Trust administration typically completes primary distributions within 30 to 90 days for straightforward estates
• Cost: Administrative expenses commonly run 1% to 2% of estate value—a fraction of probate costs
• Privacy: Trust documents and asset details stay out of public court records

At Boroja, Bernier & Associates, we help Macomb County families structure trust-centered plans designed to eliminate unnecessary delay, reduce costs, and keep private matters private.

How Revocable Living Trusts Work Under Michigan Law

Understanding the Legal Structure

A revocable living trust is a legal arrangement where you (the settlor) create a trust during your lifetime, typically serving as both trustee and beneficiary while you’re alive. The trust holds title to your assets for your benefit now and for named beneficiaries after your death.

Michigan’s Trust Code, specifically MCL 700.7601 – 700.7603, governs revocable trusts. Key provisions include:

• Capacity requirements: You must have legal capacity to create, amend, revoke, or add property to the trust
• Revocability: You retain full control and can modify or revoke the trust at any time while competent
• Incapacity provisions: MCL 700.7603 addresses what happens if you become incapacitated

Why Trusts Avoid Probate

The mechanism is straightforward: property owned by the trust—not by you individually—isn’t part of your probate estate at death. Instead, it passes according to the trust terms without court involvement.

When you pass away or become incapacitated, your named successor trustee takes over without needing court appointment. They can manage assets, pay bills, and make distributions according to your instructions—all outside the probate system.

However, trustees still have responsibilities under Michigan law. MCL 700.7605 – 700.7612 address creditor claims, statutory allowances, and other obligations that apply even to trust administration.

Building a Complete Plan

A revocable living trust works best as part of a coordinated estate plan that includes:

• Pour-over will. This catches any assets inadvertently left outside the trust and “pours” them into the trust. Note that these assets still require probate, but ultimately follow your trust’s distribution terms.

• Powers of attorney. Durable financial and healthcare powers of attorney handle decisions during incapacity—critical protections that complement your trust.

• Coordinated beneficiary designations. Retirement accounts and life insurance typically pass via beneficiary designation. These should align with your overall plan to avoid conflicts.

Steps to Establish and Fund a Trust in Macomb County

Creating Your Revocable Living Trust

• Step 1: Clarify your goals. Before drafting begins, identify what you want to accomplish—probate avoidance, privacy, family protection, incapacity planning, or specific distribution strategies.

• Step 2: Work with a Michigan estate planning attorney. Trust drafting requires familiarity with EPIC, the Michigan Trust Code, and local Macomb County practice. Generic online forms often omit critical Michigan-specific provisions.

• Step 3: Draft the trust document. A properly drafted trust includes trustee succession, beneficiary designations, distribution standards, incapacity provisions, and Michigan-specific administrative clauses.

• Step 4: Execute properly. Sign the trust according to Michigan practice. Notarization is customary and facilitates later property transfers.

• Step 5: Create companion documents. Pour-over will, durable power of attorney, and patient advocate designation complete the plan.

Funding Your Trust—The Critical Step

Creating a trust document accomplishes nothing if you don’t transfer assets into it. This “funding” step is where many DIY plans fail.

• Real estate. Execute and record new deeds transferring Macomb County property from your individual name into the trust at the Macomb County Register of Deeds. Confirm treatment for property tax “uncapping” and homestead exemptions under Michigan property tax rules.

• Financial accounts. Retitle bank and brokerage accounts into the trust’s name. Each institution has its own procedures and paperwork.

• Business interests. Assign LLC membership interests, corporate shares, or partnership interests into the trust where permitted by governing documents.

• Assets to keep outside the trust. Qualified retirement accounts (401(k)s, IRAs) typically remain in your individual name with coordinated beneficiary designations. Transferring them into a trust can trigger immediate taxation.

Macomb County-Specific Considerations

The Macomb County Register of Deeds and Probate Court have specific filing preferences and procedures. Familiarity with local practices can reduce delays and rejected filings.

Many Macomb County residents also own property or have assets in Oakland, Wayne, or other Michigan counties. Coordinating deeds and titling across county lines requires attention to each jurisdiction’s requirements.

Our Shelby Township office serves as home base for Macomb County families, with satellite offices in Troy, Ann Arbor, and Lansing for clients with interests across the region.

Trusts vs. Other Probate-Avoidance Tools

Michigan offers several ways to pass assets outside probate. Understanding your options helps you choose the right approach.

Nonprobate Transfers Under EPIC

Article VI of EPIC (MCL 700.6101 – 700.6310) governs nonprobate transfers on death. This includes beneficiary designations on insurance policies, retirement accounts, securities registrations, and other written instruments.

These transfers pass outside probate but may still be available to satisfy creditor claims in certain circumstances.

Comparing Your Options

Tool	Probate Involvement	Planning Control
Revocable living trust	Trust-titled assets avoid probate; trustee administers privately	High: detailed distribution terms, incapacity planning, conditions
Will only	Requires full probate for governed assets	Moderate: directs distributions under court supervision
TOD/beneficiary designations	Typically avoid probate for that specific asset	Low: simple direct transfers with limited control
Joint ownership with survivorship	Surviving owner takes full title without probate	Low: exposes property to co-owner’s creditors; may upset intended distribution

“A Lansing client who initially relied only on TOD designations moved to a revocable trust after realizing she needed better incapacity planning and wanted to stagger distributions to young adult children rather than handing them lump sums at her death.”

Frequently Asked Questions About Avoiding Probate with Trusts in Macomb County

How much does a revocable living trust cost in Michigan?

Most Michigan estate planning firms charge flat fees for standard revocable trust packages. Straightforward plans typically cost in the low-to-mid four-figure range, varying with complexity, tax planning needs, and number of properties involved. Complex or high-net-worth cases cost more. However, this one-time investment is usually a fraction of the 3% to 7% of estate value that probate might consume.

How long does it take to set up a trust in Southeast Michigan?

Drafting and execution typically take a few weeks once client decisions are finalized. Funding—retitling assets, recording deeds, updating beneficiary designations—can add several more weeks or months depending on financial institution and county processing times. Plan for the full process to take one to three months.

Can I avoid probate entirely with a trust?

A fully funded, properly drafted revocable living trust can substantially reduce or eliminate formal probate. However, any assets left outside the trust may still require probate. Certain matters—disputes, unknown assets, or specific claims—can still involve court proceedings. No tool guarantees zero court involvement, but proper planning minimizes it dramatically.

What happens if I don’t fund my trust properly?

Assets left in your individual name at death remain probate assets. Your pour-over will can eventually move these into the trust, but only after probate—defeating the time, cost, and privacy benefits you wanted. This is the most common trust planning mistake we see.

Are there tax implications for using a revocable trust in Macomb County?

During your lifetime, a revocable trust is typically ignored for income tax purposes—you report trust income on your personal return. After death, the trust may become a separate taxpayer depending on its structure. For most middle-income Michigan families, the primary benefits are probate avoidance and control, not income or estate tax savings. Complex estates should involve tax professionals.

When should I update my trust?

Review your trust after major life events: marriage, divorce, birth or adoption of children or grandchildren, significant asset changes, or buying/selling real estate. Also review when laws change—EPIC amendments, federal estate tax changes, or significant case law developments. Most Michigan planners recommend reviewing your plan at least every three to five years.

Take the Next Step Toward Protecting Your Family

Probate isn’t inevitable. With proper planning, Macomb County families can spare their loved ones months of court proceedings, thousands in unnecessary costs, and the stress of managing complex legal requirements while grieving.

A revocable living trust offers a proven path to keep your family’s affairs private, provide faster access to assets, and maintain the control and flexibility you want.

At Boroja, Bernier & Associates, we help families throughout Macomb County, Oakland County, Wayne County, and Southeast Michigan create trust-centered estate plans tailored to their specific circumstances. Our Shelby Township office serves as your local resource, with satellite offices in Troy, Ann Arbor, and Lansing for families with interests across the state.

To schedule a consultation with the Michigan estate planning attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. We’ll help you understand your options and build a plan that actually works for your family—because you deserve better than hoping probate goes smoothly.