ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.7604 Proceeding to contest validity of revocable trust; limitation; distribution of property; liability.
Sec. 7604.
(1) Except as provided in subsection (2), a person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of the following:
(a) Two years after the settlor's death.
(b) Six months after the trustee sent the person a notice informing the person of all of the following:
(i) The trust's existence.
(ii) The date of the trust instrument.
(iii) The date of any amendments known to the trustee.
(iv) A copy of relevant portions of the terms of the trust that describe or affect the person's interest in the trust, if any.
(v) The settlor's name.
(vi) The trustee's name and address.
(vii) The time allowed for commencing a proceeding.
(2) If a trust that was revocable at the settlor's death becomes an undisclosed trust as that term is defined in section 7409a, a person from whom information described in section 7814(2)(a) to (c) is withheld under section 7409a(1)(a)(i) during the 2-year period following the settlor's death may commence a judicial proceeding to contest the validity of the trust within the earlier of the following:
(a) Two years after the trustee provided the person the information described in section 7814(2)(a) to (c) that was withheld under section 7409a(1)(a)(i) from the person during the 2-year period following the settlor's death.
(b) Six months after the trustee sent the person a notice described in subsection (1)(b).
(3) Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless either of the following applies:
(a) The trustee knows of a pending judicial proceeding contesting the validity of the trust.
(b) A potential contestant has notified the trustee in writing of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 63 days after the contestant sent the notification.
(4) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.
History: Add. 2009, Act 46, Eff. Apr. 1, 2010 ;-- Am. 2024, Act 1, Imd. Eff. Feb. 21, 2024
PopularName Notes:
EPIC
Notes of Decisions
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
· cites it 26× “7604(1) is a provision of the MTC that prescribes limitation periods for bringing a challenge to the validity of a trust: (1) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death within the earlier of the…”
In Re Ralph a Siddell Living Trust (Mich. Ct. App. 2023).
· cites it 14× “Smith contended that the notice she received after Ralph’s death did not comply with MCL 700.7604 because it did not include the relevant portion of the Ralph’s 2012 trust (2012 Siddell Trust) that -3- would have shown that the 2017 Siddell Trust disinherited her and because the…”
Mary Sparling v. John R Sparling (Mich. Ct. App. 2022).
· cites it 11× “In his motion, John argued that under MCL 700.7604, Mary’s complaint was subject to a two-year statute of limitations.”
Linda Dice v. Esther G Bennett Revocable Trust (Mich. Ct. App. 2019).
· cites it 8× “2 Plaintiffs contend that the probate court erred in concluding that a statute of limitations contained in the Michigan Trust Code (MTC), MCL 700.7604, barred plaintiffs’ claims challenging the validity of the Esther G.”
In Re Elsie N Sage Revocable Trust (Mich. Ct. App. 2025).
· cites it 5× “We conclude that the requirements of MCL 700.7604 were not met because the trustee did not provide the dates of all amendments to the trust that were known to her in the notice she provided to appellants.”
In Re Esther G Bennett Revocable Trust (Mich. Ct. App. 2022).
“The probate court dismissed plaintiffs’ claims for declaratory relief and undue influence, finding that they were barred by a statute of limitations in the Michigan Trust Code, MCL 700.7604. The court also determined that plaintiffs lacked standing to pursue a conversion claim…”
JEFFREY BALDWIN, Individually, as agent for his Child. & grandchildren named below, as Beneficiary of the Roger Woodard Baldwin Revocable Trust dtd. November 5, 2001, as Amended & Restated, & certain sub-trusts created thereunder, & as Tr. of a descendant's trust in his name as described below v. JAN KAYE BALDWIN, Individually, as Beneficiary, & as Tr. of the Roger Woodard Baldwin Revocable Trust dtd. November 5, 2001, as Amended & Restated, & certain sub-trusts created thereunder, & KAYLI BALDWIN-HYTEN, Individually, as a Beneficiary of the Roger Woodard Baldwin Revocable Trust dtd. November 5, 2001, as Amended & Restated, & certain sub-trusts created thereunder, & as Tr. of a descendant's trust in her name as described below, & ANDREA BALDWIN-GREGG, Individually, as a Beneficiary of the Roger Woodard Baldwin Revocable Trust dtd. November 5, 2001, as Amended & Restated, & certain sub-trusts created thereunder, & as Tr. of a descendant's trust in her name as described below, Respondents-Respondents. (Mo. Ct. App. 2023).
“Instead, the petition sought to change the most material provisions on the ground that [the settlor’s] execution of the document was induced by a mistake of fact; this same underlying theory was asserted in [the children’s] petition to set aside the Trust, which was dismissed…”
in Re Est. of Emily Goralewski (Mich. 2013).
“302(H)(1), in lieu of granting leave to appeal, we REVERSE the May 17, 2012 order of the Grand Traverse Probate Court determining that the petitioner lacked standing, and we REMAND this case to the probate court for consideration of the issues regarding the ripeness of the…”
— Mich. Comp. Laws § 700.7604(1) — 6 cases
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
“7604(1) is a provision of the MTC that prescribes limitation periods for bringing a challenge to the validity of a trust: (1) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death within the earlier of the…”
Mary Sparling v. John R Sparling (Mich. Ct. App. 2022).
“In his motion, John argued that under MCL 700.7604, Mary’s complaint was subject to a two-year statute of limitations.”
— Mich. Comp. Laws § 700.7604(1)(b) — 3 cases
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
“7604(1) is a provision of the MTC that prescribes limitation periods for bringing a challenge to the validity of a trust: (1) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death within the earlier of the…”
In Re Ralph a Siddell Living Trust (Mich. Ct. App. 2023).
“Smith contended that the notice she received after Ralph’s death did not comply with MCL 700.7604 because it did not include the relevant portion of the Ralph’s 2012 trust (2012 Siddell Trust) that -3- would have shown that the 2017 Siddell Trust disinherited her and because the…”
In Re Elsie N Sage Revocable Trust (Mich. Ct. App. 2025).
“We conclude that the requirements of MCL 700.7604 were not met because the trustee did not provide the dates of all amendments to the trust that were known to her in the notice she provided to appellants.”
— Mich. Comp. Laws § 700.7604(1)(b)(i) — 1 case
In Re Elsie N Sage Revocable Trust (Mich. Ct. App. 2025).
“We conclude that the requirements of MCL 700.7604 were not met because the trustee did not provide the dates of all amendments to the trust that were known to her in the notice she provided to appellants.”
— Mich. Comp. Laws § 700.7604(1)(b)(iii) — 1 case
In Re Elsie N Sage Revocable Trust (Mich. Ct. App. 2025).
“We conclude that the requirements of MCL 700.7604 were not met because the trustee did not provide the dates of all amendments to the trust that were known to her in the notice she provided to appellants.”
— Mich. Comp. Laws § 700.7604(1)(b)(iv) — 1 case
In Re Ralph a Siddell Living Trust (Mich. Ct. App. 2023).
“Smith contended that the notice she received after Ralph’s death did not comply with MCL 700.7604 because it did not include the relevant portion of the Ralph’s 2012 trust (2012 Siddell Trust) that -3- would have shown that the 2017 Siddell Trust disinherited her and because the…”
— Mich. Comp. Laws § 700.7604(1)(b)(vii) — 2 cases
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
“7604(1) is a provision of the MTC that prescribes limitation periods for bringing a challenge to the validity of a trust: (1) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death within the earlier of the…”
In Re Ralph a Siddell Living Trust (Mich. Ct. App. 2023).
“Smith contended that the notice she received after Ralph’s death did not comply with MCL 700.7604 because it did not include the relevant portion of the Ralph’s 2012 trust (2012 Siddell Trust) that -3- would have shown that the 2017 Siddell Trust disinherited her and because the…”
— Mich. Comp. Laws § 700.7604(l)(b) — 1 case
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
“7604(1) is a provision of the MTC that prescribes limitation periods for bringing a challenge to the validity of a trust: (1) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death within the earlier of the…”
— Mich. Comp. Laws § 700.7604(l)(b)(vii) — 1 case
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
“7604(1) is a provision of the MTC that prescribes limitation periods for bringing a challenge to the validity of a trust: (1) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death within the earlier of the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.