FAQs

Short answer: Yes, a will is the easiest way to control who gets your property and who manages your minor children’s care. If you die without a valid will (intestate), Michigan’s intestacy rules determine who inherits and in what shares — that may not match your wishes. A will also speed up some probate steps and reduce family uncertainty.  

Practical tip: Even a simple, properly executed will is better than none. If you own real estate, have minor children, or want to name a specific personal representative (executor), a will is especially important. 

To be valid in Michigan, a will generally must be in writing and signed by the testator (or by someone in the testator’s presence at their direction) and witnessed by at least two competent witnesses who sign within a reasonable time after witnessing the testator’s signature or acknowledgment. Michigan law also permits a statutorily worded "self-proving" statement to speed probate. Follow statutory execution rules closely — otherwise the will can be challenged.  

Practical tip: Use an attorney or a Michigan statutory form and have the will signed and witnessed exactly as the statute requires; consider a self-proving affidavit to avoid witnesses later. 

A durable financial power of attorney lets you name an agent to manage money and property if you become unable to act. Michigan adopted a modern Uniform Power of Attorney Act recently, so powers of attorney signed on or after the effective date now have updated form, signature, witness/notary, and agent-duty rules (many financial POAs are presumed durable unless they say otherwise). Because the law changed recently, review or update older POAs to ensure they still work under current rules. For details and official forms, check the State Bar and the new Uniform POA Act.  

Practical tip: name successor agents, provide limits in writing if you wish, and keep a copy where your agent (and your attorney) can find it quickly. 

Michigan recognizes advance healthcare directives and the designation of a patient advocate (sometimes called a healthcare POA). Michigan does not have a separate “living will” statute that makes living wills universally binding the same way some other states do; nevertheless, written instructions and a designated patient advocate are highly useful and commonly honored by providers. Put your healthcare wishes in writing, sign them according to Michigan guidance, and give copies to your chosen patient advocate and your doctors.  

Practical tip: discuss your values and specific treatment preferences with the person you name as patient advocate so they can carry out your wishes under pressure. 

Some probate can be avoided or simplified. Common tools: beneficiary designations (payable-on-death for bank accounts, TOD for securities), joint ownership, and registering certain assets with transfer-on-death forms where allowed. Michigan’s Estates and Protected Individuals Code (EPIC) governs transfer-on-death registrations for eligible assets; however, Michigan does not allow a simple transfer-on-death deed for all real estate (though an enhanced life-estate or “Lady Bird” deed may accomplish similar results in limited situations). Proper beneficiary designations and titling are powerful, but each tool has tradeoffs (creditor rights, taxes, unintended disinheritance), so plan carefully.  

Some probate can be avoided or simplified. Common tools: beneficiary designations (payable-on-death for bank accounts, TOD for securities), joint ownership, and registering certain assets with transfer-on-death forms where allowed. Michigan’s Estates and Protected Individuals Code (EPIC) governs transfer-on-death registrations for eligible assets; however, Michigan does not allow a simple transfer-on-death deed for all real estate (though an enhanced life-estate or “Lady Bird” deed may accomplish similar results in limited situations). Proper beneficiary designations and titling are powerful, but each tool has tradeoffs (creditor rights, taxes, unintended disinheritance), so plan carefully.  

A will is a written document that states who will inherit your property and who will handle your estate after you pass. It only takes effect at death and must go through probate—the court-supervised process of validating the will, paying debts, and transferring assets. 

A revocable living trust, by contrast, is a legal arrangement you create while alive. You transfer ownership of assets (such as your home or bank accounts) into the trust and name yourself (or another person) as trustee. Upon death, the successor trustee distributes the assets directly to your beneficiaries without probate, which can save time and maintain privacy. A trust can also manage assets if you become incapacitated. 

Key points under Michigan law: 

• Probate: A will always require some probate, even if simplified. A properly funded trust can avoid it. 

• Privacy: Wills become public record in probate; trusts generally stay private. 

• Cost and complexity: A basic will is usually less expensive to draft. A trust requires more upfront work (funding the trust and updating titles/beneficiaries), but can reduce later administration costs. 

• Control during incapacity: A trust allows your chosen trustee to manage trust assets if you can’t, often with less court involvement than a power of attorney alone. 

Many Michiganders use both: a revocable trust for most assets and a simple “pour-over” will to capture anything left outside the trust. The right choice depends on your goals, the size and type of your estate, and whether privacy or probate avoidance is a priority. 

A quiet title action is a lawsuit filed in a Michigan circuit court to establish clear, undisputed ownership of real property. Its purpose is to “quiet” any competing claims or defects in the title so that the court issues a judgment declaring who holds valid ownership. 

You might need a quiet title action when: 

• There’s a break or error in the chain of title—for example, a missing deed in past transfers. 

• Old liens or mortgages appear on record but were never properly discharged. 

• Fraudulent deeds – someone either forged your signature or conveyed your property when they don’t actually own it 

• Boundary or survey disputes arise with a neighbor. 

• Heirs or unknown parties claim an interest in inherited property. 

• Adverse possession or land-contract issues create uncertainty over who legally owns the property. 

Having a clear title is essential to sell, refinance, or fully enjoy the property. Without it, buyers or lenders may refuse to proceed, and title insurance may be denied. 

Key Michigan point: Quiet title actions are governed by Michigan Compiled Laws (MCL) §600.2932 and related statutes. The plaintiff must name all parties who might claim an interest and provide evidence of superior ownership. A successful judgment “quiets” competing claims, giving you a marketable title. 

The notice type and timing depend on the reason for eviction: 

• Non-payment of rent: 7-day “Demand for Possession – Nonpayment of Rent.” 

• Material lease violation (other than nonpayment): 30-day “Notice to Quit –Termination of Tenancy” (or 7 days for serious health/safety issues). 

• Termination of month-to-month tenancy without cause: 30-day notice.

Use the correct statutory form and serve it properly (personal delivery, first-class mail, or certified mail). If the tenant does not comply or vacate by the deadline, you may file a complaint for possession in district court. See MCL 600.5714–600.5716.  

Michigan’s Security Deposit Act (MCL 554.601 et seq.) caps the deposit at 1.5 times the monthly rent. 

You must: 

• Provide a written inventory checklist at move-in. 

• Hold the deposit in a regulated financial institution and give the tenant the account information in writing. 

• Return the deposit (minus itemized damages beyond normal wear) within 30 days after move-out, along with a damage itemization. 

If you miss deadlines or fail to give the required notices, you can lose the right to withhold any of the deposit and may owe double damages. 

You can include certain cost-shifting clauses, but the Michigan Truth in Renting Act (MCL 554.631 et seq.) limits them. 

• Any clause making the tenant pay “all” attorney fees or waiving rights granted by law is void and unenforceable. 

• You may recover statutory attorney fees and court costs awarded by a judge if you prevail in an eviction. 

Always review lease language for prohibited terms—violations can lead to penalties and invalidate portions of the lease. 

A straightforward estate that qualifies for informal probate often takes 6–12 months from filing to final distribution. 

Factors that can lengthen the timeline include: 

• Contested wills or disputes among heirs 

• Complicated assets (business interests, out-of-state property) 

• Creditor claims or tax issues 

Even the simplest estates must remain open for at least 4 months after notice to creditors, because that’s the statutory claim period under the Estates and Protected Individuals Code (EPIC), MCL 700.3801. 

The personal representative’s duties include: 

1. File the petition for probate and be formally appointed. 

2. Notify heirs, devisees, and known creditors, and publish notice for unknown creditors. 

3. Collect, inventory, and safeguard assets. 

4. Pay valid debts, taxes, and expenses from estate funds. 

5. Distribute remaining assets to the heirs or beneficiaries as directed by the will or, if none, by Michigan intestacy law. 

6. Prepare and file a final accounting with the probate court. 

The representative acts as a fiduciary and must keep detailed records. Failing to follow statutory procedures can create personal liability. 

1. Opening the Estate – File an application or petition (informal or formal) with the probate court in the county where the decedent lived. 

2. Appointment of Personal Representative – Court issues Letters of Authority so the representative can access accounts, sell property, etc. 

3. Notice to Creditors – 4-month claim period starts. 

4. Inventory & Management – Gather and value all assets, keep them insured and secure. 

5. Pay Debts & Taxes – Settle valid claims and file any required tax returns. 

6. Distribution & Closing – After debts and taxes are paid, distribute property and file final paperwork to close the estate. 

Working with an experienced Michigan probate attorney can streamline these steps and help avoid common delays or mistakes.