If you’ve started thinking about protecting your family’s future, you’ve probably encountered two fundamental estate planning tools: wills and trusts. The question isn’t whether you need estate planning—it’s which approach actually accomplishes your goals under Michigan law.
The answer is more nuanced than most people realize. A will alone won’t avoid probate in Michigan. A trust without proper funding becomes an expensive binder gathering dust. And contrary to popular belief, trusts aren’t just for wealthy families—they’re tools that address specific problems many Michigan residents face.
At Boroja, Bernier & Associates, we help Michigan families throughout the state navigate these decisions with clarity. Whether you’re in Shelby Township, Troy, Ann Arbor, Lansing, or anywhere across Michigan, understanding these distinctions is the first step toward creating a plan that actually works.
Understanding Michigan Wills: What They Do (and Don’t Do)
Under Michigan law (MCL 700.2501-700.2517), a will directs how your assets should be distributed after death and, critically for parents, who should care for your minor children.
What a Michigan will accomplishes:
- Names beneficiaries for your property
- Appoints a guardian for minor children (cannot be done through a trust)
- Names your personal representative to manage your estate (MCL 700.3203)
Critical limitations:
- It doesn’t avoid probate: Your will must be filed with the probate court in the county where you lived. In Macomb County, Oakland County, or Wayne County, this typically takes 9-18 months minimum.
- It becomes public record: Once filed, anyone can access your will, seeing your assets, beneficiaries, and family structure.
- It doesn’t control certain assets: Jointly owned property, beneficiary-designated assets (life insurance, retirement accounts), and transfer-on-death accounts pass outside your will.
- It provides no incapacity planning: A will only takes effect after death, providing zero guidance if you become incapacitated.
Many Michigan residents assume a will avoids probate court. It doesn’t. Under Michigan law, virtually all estates with titled assets must go through probate, regardless of whether you have a will.
Revocable Living Trusts in Michigan: How They Actually Work
A revocable living trust is a legal entity you create during your lifetime that holds and manages your assets. Under Michigan law (MCL 700.7101 et seq.), you maintain complete control and can modify or revoke the trust at any time.
Key benefits:
- You retain control: As trustee, you manage assets exactly as you do now—buy, sell, invest, spend.
- Incapacity protection: Your successor trustee steps in immediately if you become incapacitated, without court involvement or conservatorship proceedings (MCL 700.5401).
- Avoids probate: Assets properly titled in your trust pass directly to beneficiaries without probate court.
- Privacy maintained: Your trust document never becomes public record.
- Multi-state property simplified: One trust avoids probate in multiple states.
The Critical Element: Trust Funding
A trust only controls assets actually titled in the trust’s name. Creating the trust document is only step one. You must retitle your assets—your home, bank accounts, investment accounts, business interests—into your trust’s name.
In our practice serving Michigan families, we’ve seen countless trusts that were never funded. The family paid for a comprehensive estate plan, but because the home remained in the individual’s name, it still went through probate. The trust was legally perfect but practically useless.
Michigan Wills vs. Trusts: Key Differences That Matter
Probate Process and Timeline
With a will: Your estate goes through probate court (MCL 700.3201), which includes filing the will, notifying heirs and creditors (MCL 700.3705), inventorying assets, paying debts, and distributing assets only after court approval. Timeline: 9-18 months minimum for straightforward estates.
With a trust: Assets pass immediately to your successor trustee, who distributes them according to your trust instructions. No court involvement, no waiting periods, no public filings. Timeline: 2-4 months typically.
Privacy Considerations
With a will: Once filed with the Macomb County Probate Court, Oakland County Probate Court, or any Michigan county court, your will becomes public record. Anyone can request a copy, seeing your assets, beneficiaries, and family structure. Estranged family members, scammers, and predators can access this information.
With a trust: Your trust document remains completely private. Only the people you choose to inform know what you own and who inherits.
Cost Considerations: Upfront vs. Long-Term
Will-based estate planning: Typically $1,500-$2,500 for a comprehensive plan including will, powers of attorney, and healthcare directives.
Trust-based estate planning: Typically $2,500-$5,500 for a complete plan including trust, pour-over will, powers of attorney, and healthcare directives.
However, Michigan probate costs include:
- Court filing fees: $175 to open the case, plus additional fees for certified documents
- Inventory fees paid to the court: Typically 1-3% of the total estate
- Publication costs: $200-$400 for required legal notices
- Attorney fees: $5,000-$10,000+ for routine estates
- Personal representative fees: Usually billed hourly based on time spent managing the estate
For many Michigan families, probate costs exceed the initial trust creation costs. Additionally, trusts avoid conservatorship proceedings entirely if you become incapacitated.
When a Trust is the Better Choice for Michigan Residents
A revocable living trust typically makes sense if you:
- Own real estate (the most common reason to create a trust)
- Have minor children, special needs beneficiaries, or blended family dynamics
- Value privacy regarding your financial affairs
- Own property in multiple states
- Are concerned about incapacity or want to avoid family conflict
- Own a business requiring seamless succession planning
When a Will Might Be Sufficient
A will-based plan may work if you have minimal assets. Michigan offers simplified probate procedures for small estates under $50,000 (MCL 700.3982-3987). Real estate can be included, but there are limitations on deductions depending on the situation. Most homeowners won’t qualify for simplified procedures.
Even with a will-based plan, remember that powers of attorney and healthcare directives are essential since a will provides zero incapacity planning.
The Hybrid Approach: Why Most Michigan Families Need Both
In our practice serving Michigan residents statewide, the most comprehensive estate plans use both tools strategically: a revocable living trust for major assets, a pour-over will to catch forgotten assets, guardian designation for minor children (possible through a will and other documents), durable power of attorney for financial matters outside the trust, and healthcare directives for medical decisions.
It’s not about choosing between wills and trusts—it’s about using each tool where it works best.
Common Misconceptions About Trusts in Michigan
Myth: “Trusts are only for wealthy people.”
Reality: If you own a home in Michigan, trusts benefit you regardless of total net worth.
Myth: “I lose control of my assets.”
Reality: With a revocable living trust, you maintain complete control and can change or eliminate the trust at any time.
Myth: “Trusts eliminate estate taxes.”
Reality: Revocable trusts do not reduce estate taxes. However, with the federal estate tax exemption at $15 million per person (2026), most Michigan families face zero federal estate tax. Michigan has no separate estate tax.
Frequently Asked Questions About Wills vs. Trusts in Michigan
Do I need a lawyer to create a will or trust in Michigan?
Michigan law doesn’t require an attorney. However, the complexity of estate planning law, consequences of mistakes, and importance of proper trust funding make professional guidance highly valuable. The cost of getting it right initially is almost always less than fixing mistakes after death or during incapacity.
How long does probate take in Michigan?
Michigan probate typically takes 9-18 months for straightforward estates. Complex estates involving business valuations, real estate sales, or family disputes can take 18-24+ months. Trust administration typically concludes in 4-6 months since no court involvement is required.
Can I create a trust and still get Medicaid long-term care benefits?
A standard revocable living trust offers zero Medicaid protection because you maintain control over the assets. However, an irrevocable Medicaid asset protection trust can protect assets while preserving eligibility, but you must transfer assets at least 5 years before applying (the “look-back period”). This requires an attorney experienced in both estate planning and Michigan Medicaid law.
What happens if I have a trust but don’t fund it properly?
An unfunded trust without a pour-over will is essentially useless if your only goal was to avoid probate court. If your assets remain in your individual name rather than transferred to your trust, they’ll go through probate as if you had no trust. Your pour-over will can catch these assets and direct them to your trust, but they’ll still go through probate first. Proper trust funding means retitling assets into your trust’s name. You would get the additional benefits in this situation once the assets as transferred from your estate to the trust, but probate will have to be utilized to complete this. Proper funding avoids this.
How much does probate cost in Michigan?
Total Michigan probate costs typically range from $9,000 to $15,000+ for straightforward estates. This includes court filing fees ($175 plus additional fees), inventory fees (1-3% of total estate), publication costs ($200-$400), attorney fees ($5,000-$10,000+), and personal representative fees. Complex estates cost substantially more. Trust administration attorney fees are typically $4,000-$8,000.
Can my trust be contested like a will?
Michigan law allows trust contests under MCL 700.7201-700.7302. However, trusts are generally harder to challenge successfully because the trust creator is alive when creating it (demonstrating capacity), trusts involve ongoing management (showing competency), and their private nature means fewer people know enough to contest them. Well-drafted trusts include “no-contest” clauses that disinherit unsuccessful challengers.
Should I use a trust if I’m remarried with children from a previous marriage?
Absolutely. Blended families present estate planning’s most complex challenge. A properly structured trust can provide for your current spouse during their lifetime while ensuring your assets ultimately pass to your children from a previous relationship. Without this planning, Michigan’s intestacy laws (MCL 700.2101 et seq.) or poorly drafted wills often create unintended results—either disinheriting a spouse or children, or creating bitter family conflict. This is where professional estate planning is essential.
Take the Next Step: Schedule Your Michigan Estate Planning Consultation
The decision between a will and a trust isn’t about which is “better”—it’s about which tools accomplish your specific goals under Michigan law. For many families throughout Michigan, a comprehensive trust-based plan provides the privacy, probate avoidance, and incapacity protection that matters most.
Doing nothing leaves your family subject to Michigan’s intestacy laws, expensive probate proceedings, potential conservatorship, and family conflict when you’re not there to clarify your wishes. The cost of proper planning is a fraction of the cost of not planning.
At Boroja, Bernier & Associates, we help Michigan families throughout the state create estate plans that actually work—plans that are properly funded, legally sound, and tailored to your unique family dynamics.
Our estate planning attorneys serve Michigan residents statewide, with offices conveniently located in Shelby Township (main office), Troy, Ann Arbor, and Lansing. Whether you’re in Macomb County, Oakland County, Wayne County, Southeast Michigan, or Mid-Michigan, we’re here to help.
To schedule a consultation with the Michigan estate planning attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. We’ll review your specific situation, explain your options under Michigan law, and help you create a plan that provides true peace of mind.
