Probate Avoidance Planning Checklist

    Organizing your assets so your family never has to open a Michigan probate case.

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    Quick Answer

    What do I need for a Michigan probate avoidance planning?

    Most Michigan probate cases are avoidable. Retitle real estate with a lady bird deed, add payable-on-death or transfer-on-death designations to bank and investment accounts, keep beneficiary designations current on life insurance and retirement plans, and use a living trust for anything left over. Anything with no beneficiary named is what ends up in probate.

    Required Forms

    • L-4260Property Transfer Affidavit (after recording a deed)

    Documents to Gather

    Filing Steps, In Order

    1. 1.Inventory every asset and note who is currently named as beneficiary
    2. 2.Flag anything with no beneficiary — that is what goes to probate
    3. 3.Add payable-on-death (POD) or transfer-on-death (TOD) to bank and brokerage accounts
    4. 4.Update life insurance and retirement beneficiaries, plus contingent beneficiaries
    5. 5.Record a lady bird deed for real estate you want to pass directly
    6. 6.Use a living trust for remaining assets or for staged distributions
    7. 7.Re-check designations after every marriage, divorce, birth, or death

    Costs (Estimated)

    POD/TOD changes are free at most institutions. Deed recording ~$30. Document preparation is quoted after we review your matter.

    Questions about anything on this list?

    Text or call us and describe your situation — we will tell you exactly which documents apply to you. Every matter is reviewed before we quote a price, and nothing is purchased online.

    Reviewed and updated by the Clear Path document team. Informational only — not legal advice.

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