You've filled in your Michigan living trust. Now what? Many DIYers assume a trust needs two witnesses like a will, or that it isn't valid until a lawyer stamps it. Neither is true in Michigan. But how you sign still matters, because your bank, your title company, and possibly an unhappy relative will look closely at that signature page someday. This guide covers what the Michigan Trust Code actually requires, what third parties expect, and a simple checklist for signing day.
The Short Version
- Michigan's Trust Code lists five requirements for a valid trust, and none of them is witnesses or a notary.
- You need the same mental capacity required to make a will.
- Even though it isn't legally required, sign in front of a notary. Banks and title companies will usually insist on it.
- Unless your trust says it's irrevocable, a Michigan trust signed after April 1, 2010 can be revoked or amended by you.
- Signing is only half the job. You still need to fund the trust.
The Five Things Michigan Requires
Under MCL 700.7402(1), a trust is created only if all of the following apply:
- "The settlor has capacity to create a trust." (The settlor is you, the person making the trust.)
- "The settlor indicates an intention to create the trust." Signing a document titled and written as a trust does this.
- "The trust has a definite beneficiary" (or is a charitable trust, a trust for a noncharitable purpose, or a trust for the care of an animal).
- "The trustee has duties to perform."
- "The same person is not the sole trustee and sole beneficiary."
That last point trips people up. In a typical living trust you are both trustee and beneficiary during your life. That works because the trust also names beneficiaries who take after you (your children, for example), so you are not the sole beneficiary. Make sure those remainder beneficiaries are filled in. A beneficiary is "definite" under MCL 700.7402(2) if they can be identified now or in the future, so "my children" works.
Capacity: The Same Test as a Will
MCL 700.7601 says: "The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will." In plain terms, at the moment you sign you should understand that you're arranging what happens to your property, have a general sense of what you own, and know who your family members are.
If a parent is in early memory decline, sign sooner rather than later, on a good day, and consider having the notary or a family friend note that the signer was alert and understood the document. That's the kind of evidence that matters if anyone later claims the trust is invalid.
Witnesses and Notary: What's Required vs. Expected
Look at the five requirements again: no witnesses, no notary. That's different from a Michigan will, which needs two witnesses (see our will witness guide).
So why does everyone tell you to notarize your trust? Because the people you'll deal with expect it:
- Banks and brokerages are being asked to hand control of accounts to a trustee. A notarized signature reassures them it's really you.
- Title companies reviewing a deed into or out of your trust usually want notarized documents.
- Your certificate of trust must be an affidavit. Under MCL 700.7913(2), "the certificate must be in the form of an affidavit," which in practice means signed in front of a notary. Many people sign the trust and the certificate at the same appointment.
- Challenges. A notarized signature is strong evidence of who signed and when.
Witnesses are optional. Some people add two adult witnesses who aren't beneficiaries for extra evidence. It doesn't hurt.
Does It Have to Be in Writing?
Technically, no. MCL 700.7407 says a trust "need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence." In real life, an oral trust is almost useless for avoiding probate. No bank will retitle an account into a trust that exists only in conversation. Put it in writing and sign it.
Signing-Day Checklist
- Proofread names. Your full legal name, your trustee and successor trustees, and every beneficiary, spelled correctly.
- Fill every blank. No empty lines for beneficiaries, successor trustees, or the trust's date.
- Don't sign in advance. Wait until you're in front of the notary.
- Bring photo ID. A driver's license or passport.
- Find a notary. Many banks and credit unions notarize free for customers. UPS Stores and title companies offer it too.
- Sign everywhere required. As settlor and, if you're the initial trustee, as trustee. Initial each page if your document asks you to.
- Sign the certificate of trust at the same appointment.
- Married couple with a joint trust? Both spouses sign, ideally at the same time.
Right After You Sign
- Store the original in a fireproof safe or other secure spot, and tell your successor trustee where it is.
- Make copies for your own reference. Give the successor trustee a copy or the location of the original.
- Fund the trust. Deed your home, retitle accounts, and update beneficiary designations. An unfunded trust doesn't avoid probate. See how to fund a Michigan living trust and keeping your homestead exemption.
- Sign a pour-over will. It catches anything you forget to put in the trust. See our pour-over will guide.
Changing or Revoking It Later
Under MCL 700.7602(1), "unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust." (That default applies to trusts signed on or after April 1, 2010.)
How to change it, under MCL 700.7602(3):
- Follow the method your trust document spells out, or
- If the trust doesn't give a method (or doesn't make its method the only one), sign "another writing manifesting clear and convincing evidence of the settlor's intent to revoke or amend the trust."
In practice: sign a written amendment the same way you signed the trust, in front of a notary, and keep it with the original. See our trust amendment guide.
One more rule worth knowing: under MCL 700.7602(5), an agent under your durable power of attorney can revoke or amend your trust only if the trust or the power of attorney expressly allows it.
Common Signing Mistakes
- Naming yourself as the only trustee and the only beneficiary, with no one after you.
- Leaving the successor trustee blank.
- Signing at home, then asking a notary to "notarize" a signature they didn't see.
- Making handwritten changes after signing instead of a proper amendment.
- Signing and never funding the trust.
Frequently Asked Questions
Does a Michigan trust need to be filed with the court?
No. Michigan trusts are private documents. You don't record or file the trust itself. You record deeds that move real estate into it.
Can I use remote online notarization?
Many Michigan notaries offer remote online notarization. Check that the bank or title company you'll be working with accepts it before you rely on it.
Does my successor trustee need to sign now?
Not usually. Many trusts include an acceptance page the successor signs when they take over. Some people have successor trustees sign an acceptance at the start; check your document.
Sign It Right the First Time
The CreateMIWill Trust Kit ($197) includes an attorney-drafted Michigan revocable living trust with a certificate of trust, plus an instruction guide and a signing guide that walks you through notarization and funding. The Complete Bundle ($349) adds a Michigan will, durable power of attorney, and patient advocate designation.
Michigan Trust Kit or Complete Bundle
Attorney-drafted Michigan revocable living trust with certificate of trust, funding instructions, and signing guide. Instant download.
Sources: MCL 700.7402; MCL 700.7601; MCL 700.7602; MCL 700.7407; MCL 700.7913.