A living trust is read by banks, title companies, and county recorders before they retitle property to the trustee, and a signing defect surfaces when the successor trustee needs the document most. Here is exactly what Michigan requires when you sign a living trust, and how to run the signing so it holds up.
What Michigan requires
Michigan law calls for no witnesses when a living trust is signed, and notarization is not required.
Statutory detail: A trust may be created by a declaration that the owner of property holds identifiable property as trustee (MCL 700.7401(1)(b)), which is how this instrument is built, and it is created only if the settlor has capacity, indicates an intention to create the trust, the trust has a definite beneficiary, the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary (MCL 700.7402(1)). The purposes must be lawful, not contrary to public policy, and possible to achieve (MCL 700.7404), and the instrument is not invalid because property is not transferred to the trustee at signing (MCL 700.7401(2)). MCL 700.7407 is the ORAL-trust rule: a trust need not be evidenced by a trust instrument except as a statute outside the Trust Code requires, and an oral trust's creation and terms may be established only by clear and convincing evidence. That evidentiary problem does not reach this instrument, which is written and signed. No provision of the Michigan Trust Code requires witnesses or notarization for the trust to take effect; the acknowledgment block is on the document because retitling and recording customarily call for an acknowledged signature. Capacity to create, amend, revoke, or fund a revocable trust is the will standard (MCL 700.7601). Unless the terms expressly make it irrevocable the settlor may revoke or amend (MCL 700.7602(1)), by substantial compliance with the method the instrument provides (MCL 700.7602(3)(a)); this instrument makes its method exclusive, which shuts off the alternative writings of MCL 700.7602(3)(b). The trustee's powers are the general powers of MCL 700.7816 and the specific powers of MCL 700.7817. A certificate of trust may be furnished instead of the full instrument, and MCL 700.7913(2) requires it to be in the form of an affidavit, signed by the settlor, any trustee, or an attorney for either.
- Witnesses: none
- Notary: not required
Step-by-step signing checklist
Follow the steps in order, and sign nothing until everyone who needs to be present is in the room.
- Print and review the final PDF: Print the final version single-sided and read every page. Confirm the names, dates, and the people you appointed before anyone signs — a correction after signing means re-signing.
- Sign in front of everyone: Sign and date where the living trust indicates.
- Store the original and hand out copies: Keep the signed original somewhere safe and fireproof, tell the people you appointed where it is, and give them copies. Never write changes on the signed original — sign a corrected version instead.
Mistakes that undo a valid document
Most signing failures are procedural, not substantive — the document was fine and the ceremony was not.
- Signing before the witnesses or notary arrive, then asking them to sign later.
- Skipping a page, an initial line, or the date.
- Writing changes by hand on the signed original.
- Losing the original; a photocopy is often not enough.
After signing
The original is the document. Store it where it will survive a fire and a move, and make sure the people you appointed can find it without you.
Revisit the living trust when your family, your finances, or the people you appointed change. A new version is signed the same way; the old one should be destroyed once the new one is complete.
Frequently Asked Questions
How many witnesses does a Michigan living trust need?
None. Michigan does not require witnesses for a living trust.
Does a Michigan living trust have to be notarized?
No. Notarization is not required, though there is a statutory detail worth knowing: A trust may be created by a declaration that the owner of property holds identifiable property as trustee (MCL 700.7401(1)(b)), which is how this instrument is built, and it is created only if the settlor has capacity, indicates an intention to create the trust, the trust has a definite beneficiary, the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary (MCL 700.7402(1)). The purposes must be lawful, not contrary to public policy, and possible to achieve (MCL 700.7404), and the instrument is not invalid because property is not transferred to the trustee at signing (MCL 700.7401(2)). MCL 700.7407 is the ORAL-trust rule: a trust need not be evidenced by a trust instrument except as a statute outside the Trust Code requires, and an oral trust's creation and terms may be established only by clear and convincing evidence. That evidentiary problem does not reach this instrument, which is written and signed. No provision of the Michigan Trust Code requires witnesses or notarization for the trust to take effect; the acknowledgment block is on the document because retitling and recording customarily call for an acknowledged signature. Capacity to create, amend, revoke, or fund a revocable trust is the will standard (MCL 700.7601). Unless the terms expressly make it irrevocable the settlor may revoke or amend (MCL 700.7602(1)), by substantial compliance with the method the instrument provides (MCL 700.7602(3)(a)); this instrument makes its method exclusive, which shuts off the alternative writings of MCL 700.7602(3)(b). The trustee's powers are the general powers of MCL 700.7816 and the specific powers of MCL 700.7817. A certificate of trust may be furnished instead of the full instrument, and MCL 700.7913(2) requires it to be in the form of an affidavit, signed by the settlor, any trustee, or an attorney for either.
What should I do with the signed original?
Keep it somewhere safe and fireproof, tell the people you appointed exactly where it is, and give them copies. If anything needs to change later, sign a corrected version rather than marking up the original.