By Moshe B. Newman, Attorney · Published June 2026
Probate in Michigan is public, can take six months to two years, and costs money your family would rather keep. The good news: with planning done before death, most of an estate can pass outside probate entirely. Here are the main tools, and when each makes sense.
This is the workhorse. Assets titled in the name of your trust pass to your beneficiaries at death without probate, privately and quickly. The catch is in the word funded — the trust only avoids probate for assets actually retitled into it. An unfunded trust does nothing.
Michigan is one of the few states that recognizes the “Lady Bird” (enhanced life estate) deed. It lets you keep full control of your home during your life — including the right to sell or change your mind — while passing it automatically to named beneficiaries at death, outside probate. It can also help protect the home from Medicaid estate recovery. More on Lady Bird deeds →
Retirement accounts, life insurance, and many bank and brokerage accounts let you name a beneficiary directly (“payable on death” or “transfer on death”). Those assets pass outside probate automatically — as long as the designations are current and correct. Reviewing them is one of the cheapest, highest-impact steps you can take.
Property held jointly with rights of survivorship passes to the survivor outside probate. It works, but it carries real risks — exposure to the co-owner’s creditors, unintended disinheritance, and tax surprises — so it should be used deliberately, not as a default.
If someone has already died and the estate is at or below Michigan’s small-estate threshold ($53,000 for 2026 deaths, adjusted annually), simplified procedures can avoid full probate. This is an after-the-fact tool, not a substitute for planning.
Most solid Michigan plans combine several of these: a funded trust as the core, a Lady Bird deed on the home, and clean beneficiary designations on everything else. The mix depends on what you own. We’ll build the plan around your actual assets — and, importantly, make sure it’s funded so it works when it matters.
This article is general information about Michigan law, not legal advice, and does not create an attorney-client relationship. Laws and dollar thresholds change; figures current as of 2026. For advice on your specific situation, schedule a consultation.