How to Avoid Probate in Michigan: A Practical Guide.
When it comes to estate planning, one of the most common goals we hear from clients is simple:
“I want my family to avoid probate.”
And for good reason.
Probate in Michigan can be time-consuming, costly, and public—not exactly what most families want to deal with while grieving a loved one. But the good news is: with the right planning, you can avoid probate entirely.
🏛️ What Is Probate?
Probate is the legal process of validating a will, paying off debts, and distributing assets after someone passes away. If there’s no will, the court steps in and distributes assets according to Michigan’s intestacy laws.
In Michigan, the process can take months or even years, and comes with legal fees, court costs, and unwanted delays. Worse, it's all part of the public record.
🔑 Why Avoiding Probate Matters
Here’s what avoiding probate can help you (and your family) avoid:
Court delays
Extra legal and administrative costs
Family disputes
Public exposure of your finances and final wishes
✅ Ways to Avoid Probate in Michigan
Here are the most effective tools and strategies:
1. Create a Revocable Living Trust
This is one of the most powerful tools for avoiding probate. When you create a trust and transfer your assets into it, those assets are no longer considered part of your "probate estate."
✅ You keep control during your lifetime
✅ The trust avoids probate at death
✅ You can specify exactly how and when assets are distributed
2. Use Beneficiary Designations
Certain assets don’t go through probate if they have designated beneficiaries:
Life insurance
Retirement accounts (401(k), IRA)
Payable-on-death (POD) bank accounts
Transfer-on-death (TOD) investment accounts
Just make sure your beneficiary designations are up-to-date—and consistent with your overall estate plan.
3. Joint Ownership with Rights of Survivorship
Owning property jointly (such as a home or bank account) with someone else can allow that asset to pass automatically to the surviving owner. This includes:
Joint bank accounts
Joint deeds (with rights of survivorship)
⚠️ Caution: Joint ownership can have unintended consequences—like exposing your assets to someone else’s creditors—so it's best used carefully and with legal guidance.
4. Use a Lady Bird Deed (Enhanced Life Estate Deed)
This special type of deed, used in Michigan, lets you keep control of your property during your lifetime—but automatically transfer it to a named beneficiary upon your death, without probate.
It’s a great tool for avoiding probate on real estate.
🧭 Final Thoughts: Avoiding Probate Is a Gift to Your Family
Avoiding probate isn’t just about saving time and money—it’s about protecting your family from unnecessary stress when they’re already going through a difficult time.
At Newburg Law, we help clients across Michigan create personalized estate plans that reflect their goals and protect their loved ones.
If you're ready to skip the courtroom and leave behind peace—not paperwork—get in touch with us today.
🛡️ Your Family. Your Future. Your Foundation.