The most expensive mistake Michigan DIY estate planners make is not drafting a bad trust. It is drafting a perfect trust and never funding it. An unfunded trust is a $500 stack of paper that does nothing when you die. Your family goes through probate exactly as if you had no trust at all. This guide walks through every asset class that goes into a Michigan revocable living trust, how to retitle each one, and (just as important) what you should NOT retitle. Plain-English, DIY-friendly, Michigan-specific.
The 30-Second Version
- Real estate = new deed transferring title from you individually to you as trustee. Recorded at the county. File Property Transfer Affidavit within 45 days.
- Bank accounts = visit the bank, retitle account, or add trust as POD beneficiary. Both work.
- Brokerage/investment = broker paperwork retitles account in name of trust.
- Vehicles = optional; Michigan Transfer on Death designation on the title is simpler.
- Retirement (401k, IRA), life insurance = DO NOT retitle. Update beneficiary designation naming the trust or an individual instead.
- The pour-over will and a Lady Bird deed are your safety nets when you inevitably miss something.
Why Funding Matters More Than the Trust Itself
Michigan probate courts see this every week: a lovely, well-drafted revocable living trust from 2010 sits in the family safe, but the family home, bank accounts, and brokerage account were never retitled into the trust. When the settlor dies, the trust owns nothing. The assets are still in the deceased person's individual name. That means probate.
The trust document is the container. Funding is the act of putting your assets inside the container. If you skip funding, you paid for the container and left everything outside of it. See our Michigan trust funding mistakes guide for the top 10 ways DIY trusts fail at this step.
Real Estate: The Deed Transfer
Michigan real estate is transferred into a revocable trust by executing and recording a new deed. Two options:
Option A: Quitclaim deed from yourself to yourself as trustee
- Draft a quitclaim deed conveying the property from "[YOUR NAME], individually" to "[YOUR NAME], as Trustee of the [TRUST NAME] dated [DATE]"
- Sign in front of a Michigan notary (MCL 565.201)
- Record at the county Register of Deeds ($30 in most counties)
- File Property Transfer Affidavit (Form 2766) within 45 days with the LOCAL assessor
- Check the "transfer to revocable trust" uncapping exemption on the PTA
Option B: Warranty deed from yourself to yourself as trustee
- Same process, warranty deed instead of quitclaim
- Rarely necessary since you are transferring to yourself; quitclaim is standard
Michigan's Property Transfer Affidavit (Form 2766) lists an uncapping exemption for a "transfer into a trust where the settlor or the settlor's spouse conveys property to the trust and is also the sole beneficiary of the trust," so your Proposal A cap generally survives. Check that box on the affidavit.
Recording tip: Michigan county fees are almost all $30 total for a two-page deed. Some counties will accept mail-in recording. Bring the original signed and notarized deed.
Bank and Credit Union Accounts
You have two working approaches for Michigan bank accounts:
Approach 1: Retitle the account in the name of the trust
- Bring your trust certification (a short document proving the trust exists without disclosing the full terms) to the branch
- Bank retitles the account to "[YOUR NAME], as Trustee of the [TRUST NAME] dated [DATE]"
- Debit cards, online banking, checks stay the same practical experience for you
- At your death, successor trustee steps in without probate
Approach 2: Add the trust as POD (payable on death) beneficiary
- Account stays in your individual name for daily use
- Add trust name as the POD beneficiary on the signature card
- At your death, funds pass directly to the trust outside probate
- Easier for you day to day, same result at death
Michigan credit unions and community banks are used to trust retitling. National banks (Chase, Bank of America, PNC) usually require the trust certification document. See our Michigan trust certification guide for how to prepare one.
Brokerage and Investment Accounts
Fidelity, Schwab, Vanguard, Merrill, TD Ameritrade, and Michigan-based brokerages all have a standard form: "Trust Account Registration" or similar.
- Download the trust registration form from the brokerage website
- Complete with trust name, trustee names, tax ID (your SSN while you're alive - a revocable trust uses the grantor's SSN under IRC 671-679 grantor trust rules)
- Attach trust certification, notarized signature
- Send to brokerage - retitling typically takes 5-10 business days
Alternative: TOD (Transfer on Death) registration under Michigan MCL 700.6301 et seq. Same effect at death without full retitling. Cleaner for actively traded accounts.
Cars, Boats, RVs, and Trailers
Michigan Secretary of State treats vehicles as personal property with a title. Your options:
- Transfer on Death designation (BEST): Michigan SOS Form TR-29 adds a TOD beneficiary to your title. No sales tax, no re-registration. Vehicle passes at death outside probate. Costs about $15.
- Retitle in the trust name: Trigger sales tax under Michigan law in some cases; adds complexity to insurance. Generally NOT recommended for personal vehicles.
Boats: Michigan Watercraft TOD designation on the title through Michigan SOS. Same simple process as cars.
RVs and trailers: Follow vehicle rules if titled. Non-titled trailers follow personal property rules below.
LLCs, Partnerships, and Business Interests
Small-business owners funding a revocable trust need to consider:
- Single-member LLC: Assign your membership interest to the trust via a written assignment. Update the LLC operating agreement to reflect the trust as member. Michigan LLC Act allows this.
- Multi-member LLC: Check operating agreement for transfer restrictions - most LLCs require consent of other members. Get written consent.
- S-corporation stock: Revocable trusts CAN own S-corp stock if drafted correctly (Qualified Subchapter S Trust or Electing Small Business Trust language). Verify your trust has this language before transferring.
- Sole proprietorship: Cannot be owned by a trust. Assets can be assigned to the trust; the business identity dies with you.
- Partnership interests: Check partnership agreement for transfer restrictions.
For business succession planning beyond simple trust funding, see our Michigan business succession guide.
Household Goods and Personal Property
You cannot retitle every fork and photo album. Use a written Assignment of Personal Property.
- One-page document: "I hereby assign to the [TRUST NAME] all personal property owned by me now or in the future, including but not limited to household furnishings, clothing, jewelry, art, collectibles, and other tangible personal property."
- Sign, date, notarize
- Keep with the trust documents
For specific bequests of specific items (Mom's ring to daughter, Dad's watch to son), use a Michigan Personal Property Memorandum referenced in the trust. Michigan MCL 700.2513 allows a separate writing to control tangible personal property distributions if the trust or will references it.
Retirement Accounts and Life Insurance -- What NOT to Retitle
Big mistake alert: do NOT retitle 401(k), IRA, 403(b), 457, or life insurance into a revocable trust name. Doing so triggers immediate income taxation of the retirement account balance (you effectively cashed it out) and can invalidate life insurance coverage.
Correct approach:
- Retirement accounts (401k/IRA/403b/457): Update BENEFICIARY DESIGNATIONS on the custodian's forms. Primary beneficiary = spouse (usually). Contingent beneficiary = trust OR children directly. If trust, the trust must have "see-through" or "conduit" language to preserve the 10-year distribution rule under SECURE Act 2.0.
- Roth IRA: Same beneficiary approach. See our Michigan Roth IRA inheritance guide.
- Life insurance: Update beneficiary designation with the insurance company. Trust as contingent beneficiary is common.
- HSA: Beneficiary designation, not trust ownership.
- 529 plans: Successor account owner designation (not retitled).
See our Michigan 401(k)/IRA beneficiary guide for exact steps.
The Pour-Over Will Backstop
You will miss something. Every Michigan DIY funder does. That's why every revocable trust plan includes a pour-over will.
A pour-over will says: "I leave everything I own at death to my trust." So if you forgot to retitle a stock certificate, an old savings bond, or an inherited bank account you didn't know about, the pour-over will catches it and moves it into the trust. The catch: assets caught by the pour-over will DO go through probate first (unlike trust-owned assets that skip probate entirely). But at least they end up in the trust for distribution.
The pour-over will is included in the CreateMIWill Trust Kit and Complete Bundle.
Lady Bird Deed as a Second Safety Net
Even better than a pour-over will for your Michigan home: a Lady Bird deed recorded at the same time as the trust funding deed. Belt and suspenders.
- Trust funding deed = normal way home passes to trust
- Lady Bird deed = if the trust deed is defective, unrecorded, or missed, the Lady Bird deed still passes the home outside probate
- Both cost $30 each to record - $60 total for two-layer protection
See our Michigan Lady Bird deed guide for the full breakdown.
The One-Page Funding Checklist
MICHIGAN REVOCABLE TRUST FUNDING CHECKLIST REAL ESTATE [ ] Primary residence: new deed recorded, PTA filed [ ] Vacation home: new deed recorded, PTA filed [ ] Rental property: new deed recorded, PTA filed [ ] Lady Bird deed backup for residence: recorded BANKING [ ] Primary checking: retitled OR trust as POD [ ] Savings: retitled OR trust as POD [ ] Money market: retitled OR trust as POD [ ] Credit union accounts: retitled OR trust as POD INVESTMENT [ ] Brokerage account: retitled OR TOD registered [ ] Mutual funds: retitled OR TOD registered [ ] Individual stocks/bonds: retitled OR TOD registered [ ] Savings bonds: TOD registered VEHICLES (Michigan SOS) [ ] Car(s): TOD Form TR-29 filed [ ] Truck(s): TOD Form TR-29 filed [ ] Boat: TOD filed [ ] Motorcycle/RV/trailer: TOD filed BUSINESS [ ] LLC membership: assigned; operating agreement updated [ ] Partnership interest: consent obtained; assigned [ ] S-corp stock: verified trust language; assigned PERSONAL PROPERTY [ ] General Assignment of Personal Property: signed, notarized [ ] Personal Property Memorandum: attached to trust BENEFICIARY DESIGNATIONS (NOT trust-owned) [ ] 401(k)/403(b): spouse primary, trust or child contingent [ ] Traditional IRA: spouse primary, trust or child contingent [ ] Roth IRA: spouse primary, trust or child contingent [ ] Life insurance: beneficiary designated (spouse primary) [ ] HSA: beneficiary designated [ ] 529 plan: successor owner designated DOCUMENTS [ ] Pour-over will signed and stored with trust [ ] Trust certification prepared for banks [ ] Original trust in a safe place [ ] Successor trustee has copy or knows location
Frequently Asked Questions
Can I fund the trust myself in Michigan?
Yes. Nothing in Michigan law requires attorney involvement to fund a revocable trust. Every step above is one you can do at your bank, brokerage, SOS office, or county Register of Deeds. Budget an afternoon for a straightforward plan; a full weekend for a plan with multiple properties, business interests, and investment accounts.
What if I acquire new assets after funding?
Each new significant asset should be added. Buy a new car - file TR-29 for TOD. Open a new brokerage account - register it in the trust name from the start. Buy a new home - deed it to the trust at closing (tell the title company).
Does the bank charge to retitle my accounts?
No. Michigan banks and credit unions retitle accounts for free. National banks may require a scheduled appointment; community banks usually handle it at the counter in 20 minutes.
How do I get a trust certification?
Michigan MCL 700.7913 allows a short "Certification of Trust" that proves the trust exists and identifies the trustee without disclosing beneficiaries or dispositive terms. The CreateMIWill Trust Kit and Complete Bundle include a Michigan trust certification template.
Can I put my Michigan homestead in the trust and keep the tax exemption?
Yes. Michigan MCL 211.7cc allows the Principal Residence Exemption (PRE) to continue when the home is held in a revocable trust that the grantor lives in and controls. File Form 2368 confirming continued PRE eligibility.
Do I lose homestead protection if my home is in the trust?
Michigan homestead exemption (MCL 600.6023) protects the equity in your primary residence from most creditors up to statutory limits. This protection continues when the home is held in your revocable trust because you remain in control and beneficial ownership.
What if I have property in another state?
Fund the out-of-state property into the trust using that state's deed. This is one of the biggest reasons to have a revocable trust in the first place - it avoids "ancillary probate" in the second state. Michigan attorneys frequently see this for cottages in Florida, Arizona, or Wisconsin.
Can I fund the trust incrementally over time?
Yes. Start with the biggest assets - home, primary bank, main brokerage - and add the rest over the following weeks. The pour-over will catches whatever you never got to.
Where can I get a Michigan-attorney-drafted revocable trust and funding instructions?
The CreateMIWill Trust Kit ($197) includes a Michigan-attorney-drafted revocable living trust, Lady Bird deed template, pour-over will, trust certification, general assignment of personal property, and funding instructions. The Complete Bundle ($349) adds the durable financial POA, patient advocate designation, HIPAA release, and funeral representative designation.
Get the Michigan Trust Kit or Complete Bundle
The Michigan revocable living trust is the foundation. Funding it correctly is what makes it work. The CreateMIWill Trust Kit and Complete Bundle include everything you need: attorney-drafted trust, Lady Bird deed template as the real-estate backstop, pour-over will as the general backstop, trust certification for the bank, and a written assignment of personal property to catch everything else.
Michigan Trust Kit or Complete Bundle -- Everything You Need to Fund a Trust
Attorney-drafted Michigan revocable living trust, Lady Bird deed template, pour-over will, trust certification, and personal property assignment - all included in the Trust Kit ($197) and Complete Bundle ($349). The Complete Bundle also adds the Michigan will, durable financial POA, patient advocate designation, HIPAA release, and funeral representative designation. Instant download. 30-day money-back guarantee.