How to Avoid Probate Court in Michigan: Legal Tools for Families

November 27, 2025

How to Avoid Probate Court in Michigan: Legal Tools for Families

Probate is the legal process that follows someone’s passing, where the court validates a will, oversees the payment of debts, and ensures assets are distributed to heirs. While probate provides an official framework, it is often lengthy, costly, and emotionally taxing for families already coping with loss.

The good news is that with proper planning, probate can often be minimized—or avoided entirely. At Arbor Law PLLC, attorney Jay Mukerji helps families in Ann Arbor and across Michigan use proven legal strategies to transfer assets smoothly and efficiently, saving both time and stress.


Why Avoid Probate?

Families often choose to avoid probate because it can:


  • Take months—or even years—to complete.
  • Reduce the estate’s value due to court costs and legal fees.
  • Require public disclosure of the deceased’s assets.
  • Create delays in beneficiaries receiving their inheritance.


By planning ahead, you can ensure that your loved ones have quicker, simpler access to the resources they need.


Legal Tools to Avoid Probate Court

There are several strategies Michigan families can use to bypass probate:


1. Living Trusts

A living trust allows assets to pass directly to beneficiaries without going through probate. By placing property into the trust during your lifetime, you create a smooth transition process after your passing.

2. Joint Ownership with Rights of Survivorship

If property is owned jointly, ownership automatically transfers to the surviving co-owner. This is often used for real estate, bank accounts, and other jointly held assets.

3. Beneficiary Designations

Retirement accounts, life insurance policies, and payable-on-death (POD) bank accounts let you name beneficiaries who will receive assets directly, outside of probate.

4. Transfer on Death Deeds (TODDs)

In Michigan, you can use a Transfer on Death Deed to pass real estate directly to a chosen beneficiary, avoiding probate entirely.

5. Gifting Assets During Your Lifetime

By giving away certain assets while you’re alive, you reduce the size of your estate and minimize what goes through probate later.


How Arbor Law PLLC Can Help

Creating an estate plan tailored to your unique situation is the best way to protect your family. Attorney Jay Mukerji provides personalized guidance on:


  • Drafting and funding living trusts.
  • Structuring ownership to reduce probate exposure.
  • Ensuring beneficiary designations are valid and up to date.
  • Advising on tax implications and long-term planning strategies.


With Arbor Law, you’ll have peace of mind knowing your loved ones are protected from unnecessary legal stress during a difficult time.


Take Control of Your Family’s Future

Probate doesn’t have to be inevitable. With the right legal tools, you can safeguard your family from court delays and ensure a smooth transfer of assets.

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