Best Private Client Lawyers in Michigan

What a Michigan estate-planning and probate lawyer handles

Michigan estate-planning and probate law covers wills, trusts, asset transfers, incapacity planning, and the administration of estates. A lawyer can help match documents to how you own property and who should receive it.

When someone dies, Michigan probate generally concerns assets held in that person’s name without a surviving joint owner or effective beneficiary designation. Probate matters are handled by the probate court in the relevant county, and the process may be informal or formal.

Planning may also involve a durable financial power of attorney and a patient advocate designation for health-care decisions. Michigan law treats these as distinct documents with different purposes.

For Michigan residents with property in another state, a lawyer can assess whether that property could require a separate probate proceeding there. Farm, cottage, and business ownership may also call for coordinated succession planning.

When legal help can prevent problems

• You are making or updating an estate plan. A lawyer can prepare documents that reflect your family, property ownership, and wishes, and check whether beneficiary designations align with the plan.
• A relative has died and you may administer the estate. Help can clarify whether probate is needed, which county court is involved, and what duties come with appointment as personal representative.
• You own a Michigan cottage, farm, or business. Planning can address who may use or manage the property, how ownership will pass, and whether an entity or trust fits your goals.
• You are planning for long-term care costs. Advice can help assess how asset transfers may affect Medicaid eligibility. Michigan long-term-care Medicaid rules generally review certain transfers made during a 60-month lookback period.
• A family member may no longer manage financial or health-care decisions. A lawyer can explain whether existing powers of attorney apply or whether a court guardianship or conservatorship may be needed.
• Relatives disagree about a will, trust, or estate administration. Legal advice can explain available court procedures, deadlines, and options for resolving the dispute.

Michigan laws that shape estate planning and probate

Estates and Protected Individuals Code (EPIC), 1998 PA 386. Effective April 1, 2000, EPIC governs major parts of Michigan probate, wills, intestacy, guardianships, conservatorships, and patient advocate designations.

Michigan Trust Code, 2009 PA 46. Effective April 1, 2010, this code sets rules for creating and administering trusts, including trustee duties and beneficiary rights.

Michigan Uniform Power of Attorney Act, 2023 PA 187. Effective July 1, 2024, this act provides Michigan’s statutory framework for powers of attorney. The document’s date and terms can matter, so a lawyer should review an existing power before relying on it.

Frequently asked questions

Do I need a lawyer to make a will in Michigan?

Michigan law does not generally require a lawyer to prepare a will. Legal review can help ensure the will is properly executed and fits with jointly owned property, beneficiary designations, and any trust plan.

Does every Michigan estate have to go through probate?

No. Assets that pass directly through a valid beneficiary designation, survivorship ownership, or a trust may not need probate. Whether a particular estate qualifies for a simplified procedure or requires probate depends on its assets and circumstances.

How does probate begin in Michigan?

A person seeking authority to administer an estate generally files the appropriate application or petition with the probate court in the relevant county. The court or probate registrar may appoint a personal representative, depending on the procedure used.

How long does probate take?

There is no single timeline for every Michigan estate. The time depends on the assets, creditor issues, taxes, disputes, and court process, and administration can take several months or longer.

What does a Michigan estate-planning lawyer cost?

Fees vary with the lawyer, the documents needed, and the complexity of the work. Ask whether the fee is fixed, hourly, or another arrangement, and request a written explanation of court costs or other expenses.

Can a small estate avoid the usual probate process?

Michigan provides simplified procedures for some estates, but eligibility depends on current statutory limits and the estate’s circumstances. Ask the county probate court or a lawyer which procedure applies before distributing property.

What is the difference between a will and a trust?

A will states how certain property should pass and can nominate a personal representative; property covered by a will may still require probate. A trust holds or manages property under its terms, but creating one does not automatically transfer assets into it.

What documents can name someone to act if I become incapacitated?

A durable power of attorney can authorize an agent to handle specified financial matters. A patient advocate designation can name someone to make health-care decisions if its legal requirements are met; the documents serve different purposes.

Can Medicaid affect gifts or transfers of my property?

It can. Michigan long-term-care Medicaid eligibility generally includes a 60-month review period for certain transfers for less than fair market value, and a transfer may affect eligibility. Exceptions and penalty calculations depend on the facts.

Can I administer a relative’s estate if I live outside Michigan?

Residence outside Michigan does not automatically prevent someone from serving, but eligibility and appointment depend on Michigan law and the circumstances. The probate court process and any out-of-state property may add practical steps.

What should I bring to an initial lawyer meeting?

Bring any existing wills, trusts, powers of attorney, and beneficiary information, along with a basic list of assets and debts. If the matter concerns a death, include the death certificate if available and any court or financial institution notices.

Official Michigan resources

• Michigan Courts: Provides information about probate courts, court procedures, and self-help resources.
• Michigan Department of Health and Human Services: Provides information about Medicaid programs and long-term-care eligibility.
• State Bar of Michigan: Offers public information about finding a lawyer and understanding legal services in Michigan.

Next steps to find and hire a lawyer

1. Define the issue. Decide whether you need estate planning, help administering an estate, elder-law advice, or assistance with a dispute. Set aside a day or two to gather basic facts.
2. Collect key records. Find existing legal documents, property and account information, beneficiary designations, and any court notices. For an estate matter, note the county where the deceased lived and any filing deadlines shown in notices.
3. Identify lawyers who handle the relevant work. Use the State Bar of Michigan or referrals from trusted professionals, then confirm that the lawyer regularly handles Michigan estate planning, probate, or the specific issue involved.
4. Arrange consultations. Contact a few lawyers over the next several days and ask about availability, relevant experience, and whether the first meeting is charged.
5. Compare scope and fees. Ask what work is included, how fees are calculated, who will handle the matter, and what additional court or filing costs may arise. Request the agreement in writing before work begins.
6. Review and sign the engagement agreement. Confirm the lawyer’s responsibilities, your responsibilities, and how updates will be provided. Once hired, send requested records promptly and track court or document deadlines.