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Why a Will Might Not Be Enough in Michigan

Michael L. RutkowskiSeptember 24, 2025

Many people assume that a will alone is all their family needs, but in Michigan, and most states, it’s just one piece of the overall plan.

If you rely only on a will, your loved ones will probably have to go through probate, a court-managed process that begins after someone passes away. Here’s what that involves:

What Probate Actually Involves

When a will is submitted to probate, the court must:

  • Confirm that the will is valid.
  • Appoint a personal representative (executor).
  • Oversee the distribution of assets.
  • Ensure debts and taxes are paid first.

This may sound straightforward, but it often involves months of delays, court and attorney fees, and a lot of paperwork.

What’s the Problem with Probate?

Even with a well-written will, probate is:

  • Public – Anyone can access the details of your estate
  • Slow – It can take 6 months to 1 year (or more) to fully resolve.
  • Costly – Between legal fees and court costs, families may incur thousands of dollars.
  • Stressful – Loved ones may wait months to access bank accounts, real estate, or other essential assets.

If the goal of your estate plan is to reduce stress for your family, relying only on a will might do the opposite.

The Better Option: A Fully Funded Trust

A revocable living trust, when properly established and funded, enables your assets to bypass probate entirely. That means:

  • Privacy – No court involvement or public record
  • Speed – Assets can transfer to your beneficiaries almost immediately
  • Control – You decide how and when your assets are distributed
  • Less Stress – Your family avoids the hassle of probate court

It’s a powerful tool for protecting your legacy and making life easier for those you love.

Planning Isn’t About Complexity — It’s About Clarity

A will is essential, but it’s only one piece of a truly protective estate plan. Whether you're just getting started or already have a will in place, now is a good time to ask:

Is my plan built to keep my family out of court?

Let’s Build a Plan That Actually Works

We help families across Michigan create estate plans that are efficient, private, and built for real life. If you’re relying only on a will, let’s talk about what it might be missing—and how to fix it.


Estate Planning Guide

Estate Planning is an essential process that will protect your assets and ensure you’re your estate is distributed according to your wishes after your death.

Many people make mistakes when creating their estate plan, which can lead to unnecessary stress, confusion, and costly legal battles for their loved ones. Below, our estate planning team put together the top 10 and most common mistakes we see in estate planning.

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Screenshot of Top 10 Estate Planning Mistakes