Most people come to estate planning with a version of the same question: “Do I need a will, or should I have a living trust?” It sounds like a choice between two competing products. It usually is not. A will and a revocable living trust are different tools that solve overlapping problems, and many complete Michigan plans use both together. At the Law Offices of Maynard F. Newman, P.L.L.C., we help Grand Blanc and mid-Michigan families sort out which tools actually fit their situation. This article explains what each one does so the choice is easier to think through.
What does a Michigan will do?
A will directs who receives property governed by the will at death, names the personal representative who will settle your estate, and can nominate a guardian for your minor children. It takes effect only when you die and does nothing while you are alive.
A formally executed Michigan will generally must be in writing, signed by the testator or at the testator’s direction, and signed by at least two witnesses (MCL 700.2502). Michigan also recognizes a holographic will if it is dated and its signature and material portions are in the testator’s handwriting. In limited circumstances, a court may recognize another writing under Michigan’s harmless-error rule (MCL 700.2503).
Does a will avoid probate in Michigan?
No. A will does not avoid probate; the will is the document the probate court uses to administer your estate. Probate is the court-supervised process that transfers assets titled in your name alone, with no joint owner and no named beneficiary, after you die. Michigan’s probate rules live in the Estates and Protected Individuals Code (EPIC). Probate exists for good reasons: it validates the will, gives creditors a defined window to make claims, and produces clear title for heirs. But it has real downsides: it takes time, it has costs, and the file is a public record that anyone can read.
Probate is not always the ordeal it is made out to be. For deaths in 2026, Michigan’s adjusted small-estate threshold is $53,000 (MCL 700.3982; Michigan Treasury 2026 adjustment). Depending on the property involved, the value remaining after permitted funeral and burial expenses, and other statutory requirements, an estate may qualify for a simplified court procedure or collection of personal property by sworn statement.
What does a revocable living trust do?
A revocable living trust holds assets you transfer into it during life, lets you keep full control while you are alive and competent, and allows the successor trustee to administer, distribute, or continue holding those assets according to the trust’s terms, generally without probate. In the typical setup you wear three hats at once: you are the settlor (you create it), the trustee (you manage it), and the beneficiary (you benefit from it) during your lifetime. You then fund the trust by retitling assets into its name, such as the home, accounts, and other property you want it to hold.
Because it is revocable, you keep complete control. Under Michigan law a trust is presumed revocable unless it says otherwise, and while you are alive and competent you can amend it or revoke it entirely at any time (MCL 700.7602). If you become incapacitated, the person named as successor trustee can generally take over management of the trust-owned assets under the procedure stated in the trust, often without a conservatorship proceeding. At your death, a revocable trust generally becomes irrevocable as to your interests, although the result can differ for a joint trust or under particular trust terms, and the successor trustee then administers the trust according to its terms, without probate for the assets titled in the trust.
How do a will and living trust compare?
They overlap but do different jobs. The table below lines up the main differences.
| Feature | Will alone | Revocable living trust |
|---|---|---|
| When it takes effect | Only at death | As soon as it is signed and funded |
| Probate for covered assets | Yes; the will is administered through probate | No; assets titled in the trust pass outside probate |
| Incapacity during life | Does nothing; a conservatorship may be needed without a durable power of attorney | Successor trustee can generally manage trust-owned assets under the trust’s procedure, often without a conservatorship |
| Privacy | Filed with the probate court; becomes a public record | Administered privately; not filed with the court |
| Nominating a guardian for minor children | Yes | Generally not the document used; a parent nominates by will or another signed, witnessed writing |
| Control over timing of gifts | Limited unless the will creates a testamentary trust through probate | Can hold and release assets over time under its own terms |
| Upfront cost and effort | Lower to prepare | Higher to prepare, and must be funded to work |
What are the limitations of a revocable trust?
A revocable trust does not automatically save taxes, does not shield your assets from your own creditors, and does nothing at all if it is not funded. Living trusts are sometimes promoted without enough attention to their limitations, so it is worth being clear about them.
Does a revocable trust reduce your taxes?
Not by itself. Merely transferring assets to a standard revocable trust generally does not remove them from your taxable estate, although more specialized tax-planning provisions may be included in an estate plan. For most families this is not a concern anyway. Michigan currently imposes no separate estate tax, and its inheritance tax applies only to transfers from people who died on or before September 30, 1993 (Michigan Treasury guidance). The federal estate tax reaches only very large estates; the 2026 federal basic exclusion amount is $15 million per person (IRS 2026 inflation adjustments).
Does a revocable trust protect assets from creditors?
Generally, no. A revocable trust does not protect its assets from your creditors during life, because you keep control of them. After death, certain trust property may also be reached for administration expenses, statutory allowances, and timely creditor claims when the probate estate is insufficient (MCL 700.7605). We cover this in detail in our article on living trusts and creditor exposure. If asset protection is the goal, a revocable trust is the wrong tool.
What happens if you don’t fund the trust?
It avoids nothing. An unfunded trust, a signed document with no assets retitled into it, has nothing in it to pass outside probate. Funding is the step people most often skip, and it is what makes the difference between a trust that works and an expensive binder on a shelf.
Do you still need a will if you have a trust?
Usually, yes. A trust does not replace a will; the two work together. Anyone with a funded trust should also have a pour-over will, which acts as a safety net: it directs any assets you did not transfer into the trust during life to “pour over” into it at death.
A trust generally is not the document used to nominate a guardian. In Michigan, a parent may make that nomination in a will or in another signed writing attested by at least two witnesses (MCL 700.5202). A complete plan also usually includes a durable power of attorney and a patient advocate designation so someone can handle finances and medical decisions if you cannot.
When might a revocable trust make sense?
A revocable trust tends to earn its added cost when privacy, real estate, incapacity planning, or control over the timing of gifts matters to you. That includes owning real estate (especially in more than one state), wanting a smooth plan for possible incapacity, or wanting to release funds to young or spendthrift beneficiaries over time rather than all at once. A well-drafted will, paired with beneficiary designations and a durable power of attorney, is often enough for a straightforward estate. There is no universal answer; the right plan is the one built around your assets, your family, and your goals.
How can Newman Law help?
Choosing between a will and a revocable living trust is easier once the pieces are considered together. The Law Offices of Maynard F. Newman, P.L.L.C. helps Grand Blanc and mid-Michigan families put the right documents in place, including wills, revocable living trusts, powers of attorney, and patient advocate designations, and coordinates them with business succession where that matters. Explore our Michigan estate-planning services, or contact the firm to schedule a consultation.
Frequently Asked Questions
Is a living trust better than a will?
Neither is simply “better.” They do different jobs. A will directs your estate through probate and can nominate a guardian for minor children; a revocable living trust can keep funded assets out of probate, provide for incapacity, and control the timing of distributions. Many complete plans use both.
Does a revocable living trust avoid probate in Michigan?
For the assets you actually retitle into it, yes. Property left in your own name, with no trust title and no beneficiary designation, still goes through probate. This is why funding the trust is essential.
Does a living trust protect my assets from creditors or save estate taxes?
Generally, no. Because you keep control of a revocable trust, its assets remain reachable by your creditors during life, and after death certain trust property may be reached for administration expenses, allowances, and timely creditor claims when the probate estate is insufficient. A standard revocable trust also does not by itself remove assets from your taxable estate, though specialized tax-planning provisions can be part of a broader plan.
If I have a trust, do I still need a will?
Yes. You should have a pour-over will as a safety net for any asset not transferred into the trust, and you may nominate a guardian in a will or another writing signed by the parent and attested by at least two witnesses.
What happens if I die without a will or trust in Michigan?
If you die without a valid estate plan, probate assets pass under Michigan’s intestacy statutes. A personal representative is appointed according to Michigan’s statutory priority rules (MCL 700.3203), and any necessary guardianship is handled under Michigan law rather than according to directions in your estate plan.
Not sure whether you need a will, a trust, or both?
The Law Offices of Maynard F. Newman, P.L.L.C. helps Grand Blanc and mid-Michigan families with wills, revocable living trusts, powers of attorney, and patient advocate designations, coordinated with how their accounts and beneficiaries are set up.
Schedule a ConsultationPlease note: This article is provided for general educational and informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship between you and the Law Offices of Maynard F. Newman, P.L.L.C. Michigan law changes and every situation is different; you should consult a qualified Michigan attorney before relying on anything described here. This content may also be considered attorney advertising.
Primary sources: Michigan Estates and Protected Individuals Code (Act 386 of 1998). Will execution, MCL 700.2502; harmless-error rule, MCL 700.2503; small-estate threshold, MCL 700.3982 (Michigan Treasury 2026 adjustment); revocable-trust revocation, MCL 700.7602; post-death liability of revocable-trust property, MCL 700.7605; guardian nomination, MCL 700.5202; personal-representative priority, MCL 700.3203. Michigan inheritance-tax guidance; IRS 2026 inflation adjustments.