When we sit down with clients to discuss estate planning, one of the first questions we ask is whether they’ve considered creating a will, a trust, or both. These are two of the most common legal tools used to pass down property and provide instructions for how assets should be handled after death. While both serve an important role, they function differently under Michigan law. The right choice depends on your goals, your family situation, and how you want your estate to be managed.

A will is often the simplest and most familiar estate planning document. It provides instructions for how your property should be distributed and allows you to name guardians for minor children. However, it must go through the probate court process. A trust, on the other hand, can help your family avoid probate altogether. The process also provides more privacy and takes effect while you’re still living. In many cases, using both a will and a trust is the best way to ensure that your wishes are followed and your loved ones are protected.

We help individuals and families throughout Troy, Shelby Township, and across Oakland and Macomb Counties decide how to structure their estate plan according to Michigan’s laws and their personal needs.

How Wills Work Under Michigan Law

A will, formally known as a “last will and testament,” is a legal document that takes effect upon your death. It allows you to name personal representatives (executors), designate beneficiaries, and choose guardians for minor children. Michigan’s Estates and Protected Individuals Code (EPIC) governs wills under MCL 700.2101 through MCL 700.2519.

To be valid in Michigan, a will must be in writing, signed by the person making the will (the testator), and signed by at least two witnesses. If a will meets these requirements, it can be admitted to probate court. That process involves proving the will’s validity, identifying assets and debts, paying taxes and expenses, and distributing property to beneficiaries.

Probate in Michigan is public and can take several months or longer. While it’s manageable for simple estates, it may not be the best choice for those seeking privacy or speed.

How Trusts Work Under Michigan Law

A revocable living trust allows you to transfer ownership of your property to a legal entity that you control during your lifetime. If you become incapacitated or pass away, the person you name as successor trustee steps in and manages the trust assets according to your instructions. Michigan’s Trust Code, under MCL 700.7101 through MCL 700.7913, outlines how trusts are created, amended, and enforced.

Unlike a will, a trust takes effect during your lifetime. You can add or remove assets, change the terms, and revoke it entirely while you’re alive and competent. After your death, your successor trustee distributes assets without going through probate. This saves time, protects privacy, and gives you more control over how and when your beneficiaries receive their inheritance.

To be effective, a trust must be funded. This means retitling your assets—such as bank accounts, real estate, and investments—so they are owned by the trust.

Comparing Wills And Trusts

The main difference between wills and trusts is how they take effect and how assets are distributed. A will becomes active only after death and requires probate. A trust can manage assets both during your lifetime and after death and avoids probate if properly funded.

Trusts offer more privacy and flexibility. You can control how your assets are used, set conditions for distribution, and avoid delays. Wills, on the other hand, are simpler to create and may be appropriate for people with limited assets or straightforward estates.

We often recommend using both. A trust can handle the majority of your assets, while a “pour-over” will ensures that anything left out is transferred into the trust and that guardians are appointed for minor children.

Michigan Estate Planning Frequently Asked Questions

What Is The Main Difference Between A Will And A Trust In Michigan?

A will only takes effect after your death and must go through probate. A trust becomes effective during your lifetime and allows for the management and distribution of assets without court involvement. Trusts provide more flexibility and privacy than wills.

Does A Will Avoid Probate In Michigan?

No. A will must be submitted to the probate court and is subject to court oversight. Probate involves filing documents, notifying heirs, settling debts, and distributing property. It can be time-consuming and costly, especially for larger or contested estates.

Can I Use A Trust To Name A Guardian For My Children?

No. Only a will allows you to legally name a guardian for minor children in Michigan. That’s why we always recommend creating a pour-over will in addition to a trust if you have children under age 18.

Does A Trust Avoid Estate Taxes?

A revocable trust alone does not avoid estate taxes. However, it can be structured with tax-saving provisions when combined with other strategies. Most Michigan estates are not subject to estate tax due to high federal exemption limits, but larger estates may benefit from tax planning.

Is A Trust Private In Michigan?

Yes. Unlike wills, which become public once filed in probate court, trusts are private documents. The terms of the trust and the details of your assets remain confidential, known only to the trustee and beneficiaries.

What Happens If I Forget To Put Assets In My Trust?

Assets not transferred into the trust are not covered by its terms and may need to go through probate. A pour-over will can transfer those assets into the trust after death, but the process still involves the probate court. We help ensure your trust is fully funded to avoid this issue.

Who Should Consider A Trust Instead Of A Will?

Anyone who wants to avoid probate, protect their privacy, or ensure a smooth transfer of assets should consider a trust. Trusts are especially helpful for people with minor children, out-of-state property, or concerns about incapacity.

Protect Your Estate With Boroja, Bernier & Associates

Choosing between a will and a trust—or using both—depends on your goals and circumstances. At Boroja, Bernier & Associates, we create estate plans that follow Michigan law and meet your unique needs.

We serve clients in Troy, Shelby Township, and throughout Oakland County and Macomb County. Contact our Shelby Township estate planning attorneys by calling 586-991-7611 to schedule your consultation and let us help you build a plan that protects your assets and your loved ones.