Certificate of Trust — Michigan UTC Adopted
State-specific requirements for a Certificate of Trust in Michigan.Create yours now →
Statutory Citation
Michigan Trust Code (MTC) at MCL Chapter 700, Article VII (Act 386 of 1998, EPIC, MTC effective April 1, 2010); Certificate of Trust at MCL § 700.7913 (UTC § 1013). Trust Creation at MCL §§ 700.7401-700.7402. Personal Property Trust Perpetuities Act at MCL Chapter 554, Act 148 of 2008.
Certification Requirements
Under MCL § 700.7913, a certificate of trust must include: (a) name of the trust, date of the trust, and date of each operative trust instrument; (b) name and address of each current trustee; (c) powers of the trustee relating to the purposes for which the certificate of trust is being offered; (d) revocability or irrevocability of the trust and identity of any person holding a power to revoke the trust; (e) authority of cotrustees to sign or authenticate on behalf of the trust and whether all or less than all of the cotrustees are required to exercise powers of the trustee. Must state trust has not been revoked, modified, or amended in any manner that would cause representations to be incorrect. Need not include dispositive terms. May be signed or authenticated by the settlor, any trustee, or an attorney for the settlor or trustee. MUST be in the form of an AFFIDAVIT — unique among these states.
Execution Requirements
Michigan does NOT impose a general witness or notarization requirement for trust validity (MCL §§ 700.7401-700.7402). Trust is created when settlor has capacity, valid trust purpose exists, and trust instrument is executed with formalities Michigan law requires. Notarization is recommended for real estate transactions. For real property transfers into trust, deeds must be notarized and recorded. The certificate of trust must be in the form of an affidavit, which effectively requires it to be sworn/acknowledged. Michigan does not require registration of trusts with any court (MCL § 700.7209 — registration is optional/voluntary).
Business Trust Treatment
Michigan does NOT have a dedicated business trust statute comparable to Ohio's ORC Chapter 1746 or Pennsylvania's 15 Pa.C.S. Chapter 95. Business trusts in Michigan are treated under common law principles as supplemented by the Michigan Trust Code. The MTC (Article VII of EPIC) codifies many common law rules and fills gaps in existing Michigan trust law. The Michigan Trust Code draws from both the Uniform Trust Code and existing Michigan law. There is no requirement to file a business trust instrument with the Department of State. Business trusts are generally treated as common law trusts.
Favorable Trust Laws
Michigan allows extended-duration trusts: the Statutory Rule Against Perpetuities (MCL § 554.91) provides a 90-year wait-and-see period, but the Personal Property in Trust Act (MCL Chapter 554, Act 148 of 2008, MCL § 554.93) extends the duration to 360 years for trusts holding personal property. Michigan does NOT allow self-settled asset protection trusts. Michigan has no state estate tax (repealed). Michigan's trust code includes trust modification provisions that allow modification by consenting qualified beneficiaries and trustee if consistent with the trust's material purpose. Michigan allows directed trusts and trust protectors. Michigan's certificate of trust uniquely allows signing by the settlor or an attorney — not just trustees.
Unique Factors
Michigan's certificate of trust statute is UNIQUE in requiring the certificate to be 'in the form of an affidavit' (MCL § 700.7913(2)) — the only state among these five with an explicit affidavit requirement. Michigan also uniquely allows the certificate of trust to be signed by the settlor or an attorney for the settlor or trustee, not just by a trustee. Michigan's 360-year trust duration for personal property (via the Personal Property in Trust Act of 2008) is one of the longer statutory periods. Michigan's Trust Code (MTC) is described as 'a uniquely Michigan document' drawing from both the UTC and existing Michigan law. Michigan has a 90-year wait-and-see period under its statutory RAP plus the 360-year personal property extension — a dual-track approach. Michigan has no dedicated business trust statute, relying entirely on common law and the general trust code.