Mich. Comp. Laws » Michigan Compiled Laws / Chapter 700 / Act 386 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 700.7401 (2026)

Creating trust; methods.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.7401 Creating trust; methods.

Sec. 7401.

    (1) A trust may be created by any of the following:

    (a) Transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death.

    (b) Declaration by the owner of property that the owner holds identifiable property as trustee.

    (c) Exercise of a power of appointment in favor of a trustee.

    (d) Exercise of a power described in section 7820a.

    (e) A promise by 1 person to another person, whose rights under the promise are to be held in trust for a third person.

    (2) The instrument establishing the terms of a trust is not rendered invalid because property or an interest in property is not transferred to the trustee or made subject to the terms of the trust concurrently with the signing of the instrument. Until property or an interest in property is transferred to the trustee or made subject to the terms of the trust, the person nominated as trustee has no fiduciary or other obligations under the instrument establishing the terms of the trust except as may have been specifically agreed by the settlor and the nominated trustee.

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2005, Act 204, Imd. Eff. Nov. 10, 2005 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010 ;-- Am. 2012, Act 483, Imd. Eff. Dec. 28, 2012

PopularName Notes:

EPIC
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2008–2023 · leading case: In Re Temple Marital Trust, 748 N.W.2d 265 (Mich. Ct. App. 2008).
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In Re Temple Marital Trust, 748 N.W.2d 265 (Mich. Ct. App. 2008). · cites it 6× “Specific powers of trustees are stated in MCL 700.7401, which provides in part: (1) A trustee has the power to perform in a reasonable and prudent manner every act that a reasonable and prudent person would perform incident to the collection, preservation, management, use, and…”
Roselyn Ford v. Dep't of Health & Human Servs., 931 N.W.2d 571 (Mich. 2019). · cites it 2× “14 The property that makes up the principal of a trust is not owned by or otherwise directly available to the beneficiary.”
in Re Margaret Tylo Revocable Trust (Mich. Ct. App. 2021). · cites it 4× “7201(2), MCL 700.7401, and MCL 700.7706(2)(a). Samuel correctly summarizes MCL 700.”
Mark L Rugiero v. George R Lubienski (Mich. Ct. App. 2016). “7103 defines “Trust beneficiary” as “a person to whom 1 or both of the following apply: (i) The person has a present or future beneficial interest in a trust, vested or contingent [and] (ii) The person holds a power of appointment over trust property in a capacity other than…”
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017). “In contrast, without explanation, Thomas cites to former provisions in EPIC, such as MCL 700.7401, as amended by 2005 PA 204 .”
Trevor Legassick v. Univ. of Michigan Regents (Mich. Ct. App. 2019). “MCL 700.7401(2). -5- (b) Except as limited by the terms of the trust, all of the following: (i) All powers over the trust property that an unmarried competent owner has over individually owned property.”
In Re Ronald Schaddelee Irrevocable Trust (Mich. Ct. App. 2023). “” MCL 700.7401(1)(b). “This section does not require a separate registration or retitling of property.”
— Mich. Comp. Laws § 700.7401(1) — 2 cases
In Re Temple Marital Trust, 748 N.W.2d 265 (Mich. Ct. App. 2008). “Specific powers of trustees are stated in MCL 700.7401, which provides in part: (1) A trustee has the power to perform in a reasonable and prudent manner every act that a reasonable and prudent person would perform incident to the collection, preservation, management, use, and…”
Mark L Rugiero v. George R Lubienski (Mich. Ct. App. 2016). “7103 defines “Trust beneficiary” as “a person to whom 1 or both of the following apply: (i) The person has a present or future beneficial interest in a trust, vested or contingent [and] (ii) The person holds a power of appointment over trust property in a capacity other than…”
— Mich. Comp. Laws § 700.7401(1)(b) — 1 case
In Re Ronald Schaddelee Irrevocable Trust (Mich. Ct. App. 2023). “” MCL 700.7401(1)(b). “This section does not require a separate registration or retitling of property.”
— Mich. Comp. Laws § 700.7401(2) — 1 case
Trevor Legassick v. Univ. of Michigan Regents (Mich. Ct. App. 2019). “MCL 700.7401(2). -5- (b) Except as limited by the terms of the trust, all of the following: (i) All powers over the trust property that an unmarried competent owner has over individually owned property.”
— Mich. Comp. Laws § 700.7401(2)(v) — 1 case
In Re Temple Marital Trust, 748 N.W.2d 265 (Mich. Ct. App. 2008). “Specific powers of trustees are stated in MCL 700.7401, which provides in part: (1) A trustee has the power to perform in a reasonable and prudent manner every act that a reasonable and prudent person would perform incident to the collection, preservation, management, use, and…”
— Mich. Comp. Laws § 700.7401(2)(w) — 1 case
In Re Temple Marital Trust, 748 N.W.2d 265 (Mich. Ct. App. 2008). “Specific powers of trustees are stated in MCL 700.7401, which provides in part: (1) A trustee has the power to perform in a reasonable and prudent manner every act that a reasonable and prudent person would perform incident to the collection, preservation, management, use, and…”
— Mich. Comp. Laws § 700.7401(2)(x) — 1 case
In Re Temple Marital Trust, 748 N.W.2d 265 (Mich. Ct. App. 2008). “Specific powers of trustees are stated in MCL 700.7401, which provides in part: (1) A trustee has the power to perform in a reasonable and prudent manner every act that a reasonable and prudent person would perform incident to the collection, preservation, management, use, and…”
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