Registration of Trust
Registration of Trust
Michigan law prohibits court employees from providing legal advice and completing forms, petitions, or documents. MCL 700.1211. Click here for a list of legal aid\legal services which may be able to provide you with assistance.
A trustee may choose to register a trust with the Probate Court. The registration is a public record. The trust document (original or copy) is not required to be filed, and if submitted, is not kept by the court. Trust registration through the probate court is not a means of storing your trust document - the trust document is not kept in a vault at the court. Trust registration does not make a trust valid or invalid. Trust registration does not initiate a case nor supervision of a trust.
Per MCL 700.7209, the trustee of a trust that has its principal place of administration in Michigan may register the trust in the court at the place designated in the trust or, if none is designated, then at the principal place of administration. Therefore, a trust that has its principal place of administration in Michigan may be registered with the Wayne County Probate Court either if:
- The trust terms provide that it may be registered in Wayne County, or
- The trust terms do not state a location but the actual principal place of administration of the trust is in Wayne County.
Per the statute, the principal place of the trust’s administration is the trustee’s usual place of business where the records pertaining to the trust are kept or the trustee’s residence if the trustee does not have such a place of business. For a corporate trustee, the usual place of business is the business location of the primary trust officer for the trust. For co-trustees, if not designated in the terms of the trust, the principal place of administration is 1 of the following:
- If there is only 1 corporate co-trustee, the corporate trustee's usual place of business.
- If there is only 1 professional fiduciary who is an individual and no corporate trustee, the professional fiduciary's usual place of business or residence.
- If neither subdivision (a) nor (b) applies, the usual place of business or residence of any of the co-trustees as agreed upon by them.
To register a trust with the Wayne County Probate Court:
- Complete the SCAO form Registration of Trust- pc610 Note: The trust agreement itself is not required to be filed with the court.
- Click here to find out how you submit the form for filing.
- Filing fee - $25.00