How Long Do You Have to Contest a Trust in Michigan?

If you believe a trust was created under improper circumstances or that a trustee has mismanaged assets, time is your most critical constraint. Michigan law sets strict deadlines for contesting a trust, and courts enforce them without sympathy for those who wait too long. Missing the window by even a single day can permanently bar your claim, no matter how compelling the underlying facts.

Here is what you need to know about the applicable statutes of limitations, when the clock starts running, and what to do if you think you have grounds to act.

Michigan’s Statute of Limitations for Trust Contests

Under the Michigan Trust Code, MCL 700.7604, a person who wants to challenge the validity of a trust that was revocable at the settlor’s death must file within the earlier of:

• Two years after the settlor’s death, OR
• Six months after the trustee sends proper statutory notice informing the person of their rights.

Whichever deadline arrives first is the one that controls. If the trustee sends notice early in that two-year period, the six-month clock supersedes it. If no notice is ever sent, the two-year ceiling still applies regardless.

This rule applies specifically to trusts that were revocable at the settlor’s death, which covers the vast majority of living trusts used in Michigan estate planning. Courts enforce this deadline strictly. Once it passes, the door closes on validity challenges, and no amount of equitable argument will reopen it in most circumstances.

Note: Trust validity contests and breach of fiduciary duty claims operate under different statutes and different timeframes. Both are covered below.

When Does the Clock Start Running?

The two deadlines operate independently, and understanding which one applies — and when it was triggered — is essential.

The two-year clock starts automatically at the settlor’s death. No action by the trustee is required. You do not need to receive any notice for this period to begin running. It starts the day the settlor dies.

The six-month clock only begins if and when the trustee sends proper statutory notice. If proper notice is never sent — or the notice sent is deficient — the six-month period never triggers. But this does not extend your time beyond two years; it simply means the shorter deadline never shortened your window further.

What counts as proper notice under MCL 700.7604(1)(b)? To be legally sufficient, the notice must inform the recipient of all of the following:

• The trust’s existence
• The date of the trust instrument
• The date of any amendments known to the trustee
• A copy of the relevant portions of the trust terms that describe or affect the person’s interest, if any
• The settlor’s name
• The trustee’s name and address
• The time allowed for commencing a proceeding

A notice that omits any of these elements is deficient and does not start the six-month clock. However, the underlying two-year deadline continues to run.

Strategic note for trustees: Sending proper notice early actually works in the trustee’s favor. It starts the shorter six-month clock, which expires well before the two-year ceiling — giving the trustee earlier certainty to distribute trust assets without liability.

Grounds for Contesting a Trust in Michigan

Not every disagreement with a trust gives rise to a legal challenge. To contest the validity of a trust, you generally need grounds recognized under Michigan law. The most common include:

• Lack of mental capacity. The settlor must have had the legal capacity to create a trust at the time of execution. If dementia, cognitive decline, or another condition impaired their understanding of what they were signing, the trust may be invalid.
• Undue influence. If someone with power over the settlor — a caregiver, family member, or advisor — exploited that relationship to shape the terms of the trust for their own benefit, a court may set it aside.
• Fraud or duress. A trust created based on material misrepresentations or under coercive pressure is subject to challenge.
• Improper execution. Michigan law sets requirements for how a trust must be executed. A trust that fails to meet those requirements may be invalid on its face.
• Trustee misconduct / breach of fiduciary duty. This is a distinct type of claim with its own statute of limitations, addressed in a separate section below.

Are There Exceptions That Can Extend the Deadline?

Michigan courts apply exceptions to trust contest deadlines narrowly. Do not assume an exception will save you if you miss the deadline — consulting an attorney immediately is always the better strategy. That said, a few limited exceptions exist.

Fraudulent concealment.

Under MCL 600.5855, Michigan’s fraudulent concealment statute, a limitations period may be tolled if the defendant concealed the existence of the claim through fraud. Whether this statute applies to trust contests under MCL 700.7604 has been debated — but Michigan’s Court of Appeals has reinstated claims on this basis in certain circumstances. If you were deliberately kept in the dark about a trust’s existence, consult an attorney immediately about whether this exception may apply.

Undisclosed trusts (2024 amendment). A 2024 amendment to MCL 700.7604 added a specific provision for situations where trust information was withheld from a person during the two-year period following the settlor’s death. In those cases, the contestant may have up to two years after the trustee finally provides the required information — or six months after proper statutory notice — whichever is earlier. This is a meaningful protection for beneficiaries who were actively kept from learning about their interests.

Minors and incapacitated beneficiaries.

Tolling considerations may apply to individuals who lack legal capacity during the limitations period. If a beneficiary is a minor or under a legal disability, the statute may not run against them in the ordinary way. This is a fact-specific analysis that requires legal guidance.

The overarching lesson: do not wait and hope for an exception to apply. Exceptions are narrow, litigating them is expensive, and courts are skeptical of contestants who delayed without clear justification.

What Happens If You Miss the Deadline?

If the statute of limitations under MCL 700.7604 expires before a judicial proceeding is commenced, the contest is almost certainly permanently barred. The court will not reach the merits of the claim — it will not consider whether the trust was valid or whether your concerns were legitimate. The deadline itself becomes the answer.

Missing the window by even one day is treated the same as missing it by a year. There is no grace period, no equitable argument based on how compelling the underlying facts are, and no remedy for delay that results from waiting for more information to surface.

If you suspect a problem with a trust — even if you are not yet certain — consult a Michigan trust litigation attorney without delay. Acting on incomplete information is far better than waiting until the deadline has passed.

How Long Do You Have to Sue for Breach of Fiduciary Duty?

A claim that a trustee breached their fiduciary duty is a separate legal action from a validity contest. It is governed by MCL 700.7905, not MCL 700.7604, and the timelines are different.

Primary period — 1 year after a trustee report.

If the trustee sends a report or accounting that adequately discloses the potential claim and informs the beneficiary of the time allowed to file, the beneficiary has one year from receipt of that report to bring a claim. This is the most common scenario for active trusts with ongoing administration.

If the beneficiary waived the right to receive reports — 1 year.

Under MCL 700.7905(1)(a)(ii), a beneficiary who waived the right to receive trustee reports has one year after the end of the calendar year in which the breach occurred.

Fallback period — 5 years.

When no adequate report was ever sent disclosing the potential claim, a longer fallback period applies: five years, measured from the first to occur of: the trustee’s removal, resignation, or death; the termination of the beneficiary’s interest; or the termination of the trust itself. This fallback is only available when the primary one-year trigger was never activated.

Key takeaway: If your trustee is sending regular accountings, the one-year clock may already be running without you realizing it. Each report that describes a potential breach — or that would have put a reasonable person on notice of one — starts the clock. Do not assume silence on your part preserves your rights.

What to Do If You Think You Have Grounds to Contest

Trust litigation is time-sensitive, fact-intensive, and governed by statutes that courts apply without flexibility. If you believe a trust was improperly created or that a trustee has acted in breach of their duties, here is what to do now:

• Consult a Michigan trust litigation attorney immediately. Do not wait to gather more information, wait for a family discussion, or wait to see how the administration unfolds. Both the two-year validity clock and the one-year fiduciary duty clock run regardless of whether you are ready.
• Gather documents. Collect any trust instruments, amendments, trustee communications, accountings, financial statements, and records of distributions you have access to. Even incomplete documentation is useful at the outset.
• Do not assume you have time. Both clocks may already be running. If the trustee sent any notice or report — even one that seemed routine — it may have started a deadline you did not recognize as significant.

Michigan’s trust contest deadlines are unforgiving. The best protection against losing your rights is taking action before the question of timing even becomes a concern.