Is a Living Trust Worth It in Michigan?

Waiving the executor fee doesn't make Michigan probate free — the inventory fee and the attorney's reasonable fee are still there either way.

MCL 700.3719, 600.871, 700.3982

Quick answer: for most Michigan estates above the small-estate threshold, a trust pays for itself even accounting for family-member fee waivers, because the inventory fee and attorney fee remain regardless. Run your own numbers in the Michigan probate vs living trust calculator before deciding.

The waiver doesn't cover everything

What actually goes away, and what doesn't: a family member serving as personal representative can waive their own compensation under MCL 700.3719 — and many do, since it's taxable income. But the statutory inventory fee under § 600.871 applies regardless of that choice, and the attorney's reasonable fee under § 700.3721 doesn't disappear just because the executor waived theirs. A trust avoids all three, not just the piece a family member can personally choose to forgo.

Where the math lands

On a $500,000 estate, even with the executor fee waived, the reasonable attorney fee (commonly several thousand dollars) plus the unwaivable inventory fee (about $862.50 at that value) still add up. A trust typically costs $1,500–$5,190 once, and properly funded assets generate none of these costs.

Beyond cost

  • Privacy — probate is a public court record; a funded trust generally isn't.
  • Avoiding the notice-publication risk — a funded trust sidesteps the entire creditor process, including the risk that skipped or botched notice extends exposure toward Michigan's 3-year outer bar.
  • Out-of-state real estate — held in a trust, it avoids a second, separate ancillary probate proceeding in that other state.

When a trust adds less value

Michigan's small estate procedures, at roughly $53,000 for 2026 (inflation-adjusted from a $50,000 base), already cover many modest estates quickly and cheaply. For an estate that genuinely stays under that line, a trust adds setup cost without much additional benefit.

A quick framework

  1. Estimate your probate-side cost with the calculator — remember the inventory fee applies regardless of fee waivers.
  2. Compare that to a realistic Michigan trust quote (see trust setup cost).
  3. Check whether the estate genuinely qualifies for small estate procedures.
  4. If you proceed, fund it correctly — see funding mistakes. An unfunded trust delivers none of these benefits.
Facing probate in Michigan?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Michigan attorney

Is it worth it — frequently asked questions

At what estate value does a Michigan trust pay for itself?

Often around $150,000–$250,000 and up, since reasonable executor and attorney fees plus the unwaivable statutory inventory fee typically exceed trust setup cost by that point, even on estates where the executor waives their own compensation.

Does waiving the executor fee make Michigan probate cheap enough to skip a trust?

Not entirely — the statutory inventory fee under MCL 600.871 still applies regardless, and the attorney fee (also reasonable, not waived by the executor's choice) typically remains. A trust avoids both, not just the executor's share.

Is a Michigan trust worth it for a small estate?

Often not by itself, if the estate genuinely qualifies for Michigan's small estate procedures (about $53,000 for 2026, inflation-adjusted from a $50,000 base). That process is already fast and inexpensive without a trust.

What non-cost reasons favor a Michigan trust?

Privacy (probate is a public court record), avoiding the risk that skipped or botched creditor notice extends the process toward Michigan's 3-year outer bar, and smoother handling for out-of-state real estate, which would otherwise need ancillary probate in that other state.

Estimate for general guidance only, not legal advice. Based on MCL 700.3719, 700.3721, 600.871, 700.3982. Whether a trust is worth it depends on your full financial and family picture. Consult a licensed Michigan estate planning attorney.