In Michigan, most estates must go through probate court to distribute assets and pay final expenses. While necessary in some cases, probate can take months and often becomes a public, time-consuming process.
Fortunately, one of the best ways to minimize or avoid probate altogether is by creating a revocable living trust.
What Is Probate in Michigan?
Probate is the court process used to oversee the transfer of property after someone’s death. Under Michigan law, it’s handled through the county probate court where the deceased lived.
Even with a valid will, probate is required to officially authorize an executor and approve asset distributions. Fees, court filings, and delays are common.
How a Revocable Living Trust Helps You Avoid Probate
When you create a revocable living trust, you transfer ownership of your assets into the trust during your lifetime. You remain the trustee, maintaining full control. Upon your death, your chosen successor trustee distributes the assets directly to your beneficiaries without probate.
Because the assets are owned by the trust, not by you individually, they don’t need court approval to transfer.
Key Benefits of a Revocable Living Trust
• Avoids Probate: Assets titled in the trust bypass the Michigan probate process.
• Maintains Privacy: Probate filings are public; a trust keeps your financial information private.
• Prevents Delays: Your beneficiaries can receive their inheritance without months of court proceedings.
• Provides Flexibility: “Revocable” means you can change or cancel the trust anytime during your lifetime.
• Protects in Case of Incapacity: If you become unable to manage your affairs, your successor trustee can step in immediately without court intervention.
What Assets Can Go Into a Trust?
Michigan residents can include:
• Real estate (homes, cottages, and land)
• Bank and investment accounts
• Vehicles and business interests
• Personal property such as jewelry, art, or heirlooms
Common Mistakes to Avoid
A trust must be properly funded to be effective. If assets aren’t transferred into the trust, they may still go through probate. Additionally, beneficiary designations on accounts should match your trust plan to avoid conflicts.
Work with a Michigan Estate Planning Attorney
While trusts offer flexibility and privacy, they must comply with Michigan law to be valid. At Dakroub Law Group, we ensure your trust is drafted, funded, and maintained correctly helping your family avoid probate court and future disputes.
Conclusion
Avoiding probate is possible with the right legal strategy. A revocable living trust gives you peace of mind knowing your loved ones can access their inheritance quickly and privately.
If you’d like to learn whether a trust is right for you, we’re here to help.
📞 Call Dakroub Law Group at 313-315-6300 or visit dakroublaw.com to schedule your consultation today.